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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`
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`LUMENTUM HOLDINGS, INC., LUMENTUM, INC.,
`LUMENTUM OPERATIONS, LLC, CORIANT OPERATIONS, INC.,
`CORIANT (USA) INC., CIENA CORPORATION, CISCO SYSTEMS, INC., and
`FUJITSU NETWORK COMMUNICATIONS, INC.
`Petitioners
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`v.
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`CAPELLA PHOTONICS, INC.
`Patent Owner
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`
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`Case No. IPR2015-007311
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`Patent No. RE 42,368
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`__________________
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`
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`PETITIONERS’ NOTIFICATION
`REGARDING ORAL HEARING
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`
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`1 Case IPR2015-01969 has been joined to this proceeding. This paper is a
`consolidated filing.
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`
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`Case No. IPR2015-00731
`Petitioners’ Notification Regarding Oral Hearing
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`
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`Petitioners believe that oral hearings in this proceeding and the related
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`proceeding IPR2015-00739 are unnecessary. Petitioners point out that the issues
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`presented in this proceeding are substantially the same as those in Inter Partes
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`Review No. 2014-01166, a proceeding in which the Board issued a Final Written
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`Decision on January 28, 2016 (Paper 44), finding the identical set of challenged
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`claims unpatentable over combinations of Bouevitch, Smith, Lin and Dueck. The
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`challenge bases in the present proceeding are similar to those in Inter Partes
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`Review No. 2014-01166, except that Petitioners rely on Sparks instead of Smith
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`for disclosure of a two-axis MEMs mirror that is used for both switching and
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`power control in optical switching devices. An oral hearing is therefore unlikely to
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`materially develop the issues as presented in the written record, or to materially
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`assist the Board in deciding the issues. An oral hearing would also require the
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`expenditure of time, costs, and resources by the parties and the Board, which
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`Petitioners believe is unnecessary based on the current state of the record.
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`For these reasons, Petitioners respectfully request that the Board not hold an
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`oral hearing in this proceeding. See Butamax Advanced Biofuels, LLC v. Gevo,
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`Inc., IPR2014-00402, Paper 21 at 2 (Mar. 18, 2015) (noting that “in the panel’s
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`view, this particular case has been briefed sufficiently such that no prejudice would
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`arise should a hearing not be held,” and asking Patent Owner to reconsider its
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`request for a hearing); Motorola Mobility LLC v. Arnouse Digital Devs. Corp.,
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`
`
`1
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`
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`Case No. IPR2015-00731
`Petitioners’ Notification Regarding Oral Hearing
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`IPR2013-00010, Paper 43 at 2 (Oct. 30, 2013) (noting that “this particular case has
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`been briefed sufficiently such that no prejudice would arise should a hearing not be
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`held,” asking Petitioner to reconsider its request for a hearing).
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`However, if the Board determines to hold an oral hearing in this proceeding,
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`Petitioners intend to attend and present at such a hearing. Petitioners request that
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`any such oral hearing be directed solely to the issues raised in this proceeding and
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`the related proceeding IPR2015-00739. In particular, Petitioners request that any
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`such oral hearing not be combined with any other proceedings on the challenged
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`patent, such as IPR2015-00726, which involves different challenged claims and
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`different prior art challenge bases.
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`In summary, Petitioners respectfully request that the Board not hold an oral
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`hearing in this proceeding. If the Board does hold an oral hearing, Petitioners
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`respectfully request the opportunity to appear and present at such hearing.
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`
`Dated: April 14, 2016
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`
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`Faegre Baker Daniels
`2200 Wells Fargo Center
`90 S. Seventh Street
`Minneapolis, MN 55402
`Tel: (612) 766-7000
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`
`
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`
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`Respectfully submitted,
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`Faegre Baker Daniels LLP
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`
` / Walter Linder /
`Walter C. Linder
`Reg. No. 31, 707
`Lead Counsel
`Telephone: 612-766-8801
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`By:
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`2
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`
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`Case No. IPR2015-00731
`Petitioners’ Notification Regarding Oral Hearing
`
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`CERTIFICATE OF SERVICE
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`I hereby certify that I caused a true and correct copy of the foregoing
`Petitioners’ Notification Regarding Oral Hearing to be served by email on the
`following:
`
`Jason D. Eisenberg, Reg. No. 43,447
`STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
`1100 New York Avenue, N.W. Washington, D.C. 20005
`E-mail: jasone-PTAB@skgf.com
`
`Robert Greene Sterne, Reg. No. 28,912
`STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
`1100 New York Avenue, N.W. Washington, D.C. 20005
`E-mail: rsterne-PTAB@skgf.com
`
`Jon E. Wright, Reg. No. 50,720
`STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
`1100 New York Avenue, N.W. Washington, D.C. 20005
`E-mail: jwright-PTAB@skgf.com
`
`Nicholas J. Nowak
`STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
`1100 New York Avenue, N.W. Washington, D.C. 20005
`E-mail: nnowak-PTAB@skgf.com
`
`
`FAEGRE BAKER DANIELS LLP
`
`
`
` / Walter Linder /
`Walter C. Linder
`Reg. No. 31, 707
`Lead Counsel
`Telephone: 612-766-8801
`
`
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`Dated: April 14, 2016
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`Faegre Baker Daniels
`2200 Wells Fargo Center
`90 S. Seventh Street
`Minneapolis, MN 55402
`Tel: (612) 766-7000
`
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`By:
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`3