`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`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
`
`v.
`
`CAPELLA PHOTONICS, INC.
`Patent Owner
`
`
`
`Case No. IPR2015-007391
`
`Patent No. RE 42,678
`
`__________________
`
`
`
`PETITIONERS’ NOTIFICATION
`REGARDING ORAL HEARING
`
`
`
`1 Case IPR2015-01971 has been joined to this proceeding. This paper is a
`consolidated filing.
`
`
`
`Case No. IPR2015-00739
`Petitioners’ Notification Regarding Oral Hearing
`
`
`
`Petitioners believe that oral hearings in this proceeding and the related
`
`proceeding IPR2015-00731 are unnecessary. Petitioners point out that the issues
`
`presented in this proceeding are substantially the same as those in Inter Partes
`
`Review No. 2014-01276, a proceeding in which the Board issued a Final Written
`
`Decision on February 17, 2016 (Paper 40), finding the identical set of challenged
`
`claims unpatentable over combinations of Bouevitch, Smith, Lin and Dueck. The
`
`challenge bases in the present proceeding are similar to those in Inter Partes
`
`Review No. 2014-001276, except that Petitioners rely on Sparks instead of Smith
`
`for disclosure of a two-axis MEMs mirror that is used for both switching and
`
`power control in optical switching devices. An oral hearing is therefore unlikely to
`
`materially develop the issues as presented in the written record, or to materially
`
`assist the Board in deciding the issues. An oral hearing would also require the
`
`expenditure of time, costs, and resources by the parties and the Board, which
`
`Petitioners believe is unnecessary based on the current state of the record.
`
`For these reasons, Petitioners respectfully request that the Board not hold an
`
`oral hearing in this proceeding. See Butamax Advanced Biofuels, LLC v. Gevo,
`
`Inc., IPR2014-00402, Paper 21 at 2 (Mar. 18, 2015) (noting that “in the panel’s
`
`view, this particular case has been briefed sufficiently such that no prejudice would
`
`arise should a hearing not be held,” and asking Patent Owner to reconsider its
`
`request for a hearing); Motorola Mobility LLC v. Arnouse Digital Devs. Corp.,
`
`
`
`1
`
`
`
`Case No. IPR2015-00739
`Petitioners’ Notification Regarding Oral Hearing
`
`IPR2013-00010, Paper 43 at 2 (Oct. 30, 2013) (noting that “this particular case has
`
`been briefed sufficiently such that no prejudice would arise should a hearing not be
`
`held,” asking Petitioner to reconsider its request for a hearing).
`
`However, if the Board determines to hold an oral hearing in this proceeding,
`
`Petitioners intend to attend and present at such a hearing. Petitioners request that
`
`any such oral hearing be directed solely to the issues raised in this proceeding and
`
`the related proceeding IPR2015-00731. In particular, Petitioners request that any
`
`such oral hearing not be combined with any other proceedings on the challenged
`
`patent, such as IPR2015-00727, which involves different challenged claims and
`
`different prior art challenge bases.
`
`In summary, Petitioners respectfully request that the Board not hold an oral
`
`hearing in this proceeding. If the Board does hold an oral hearing, Petitioners
`
`respectfully request the opportunity to appear and present at such hearing.
`
`
`Dated: April 14, 2016
`
`
`
`Faegre Baker Daniels
`2200 Wells Fargo Center
`90 S. Seventh Street
`Minneapolis, MN 55402
`Tel: (612) 766-7000
`
`
`
`
`
`
`
`
`Respectfully submitted,
`
`Faegre Baker Daniels LLP
`
`
` / Walter Linder /
`Walter C. Linder
`Reg. No. 31, 707
`Lead Counsel
`Telephone: 612-766-8801
`
`
`
`
`
`
`
`
`By:
`
`
`
`
`
`
`2
`
`
`
`Case No. IPR2015-00739
`Petitioners’ Notification Regarding Oral Hearing
`
`
`CERTIFICATE OF SERVICE
`
`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
`
`
`
`Dated: April 14, 2016
`
`Faegre Baker Daniels
`2200 Wells Fargo Center
`90 S. Seventh Street
`Minneapolis, MN 55402
`Tel: (612) 766-7000
`
`
`
`
`
`
`
`
`By:
`
`
`
`
`3
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