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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`CISCO SYSTEMS, INC.,
`Petitioner,
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`v.
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`TQ DELTA, LLC
`Patent Owner
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`_____________________
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`Case IPR2016-01009
`Patent 8,238,412 B2
`_____________________
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`PETITIONER’S REQUEST FOR ORAL HEARING
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`Petitioner’s Request for Oral Hearing
`IPR2016-01009
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`In accordance with 37 C.F.R. § 42.70(a), Petitioner hereby request an oral
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`hearing in the present inter partes review. Per the Board’s Scheduling Order, the
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`oral hearing is scheduled for August 3, 2017. See Order, Paper 9, at 8.
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`1. Request to Consolidate Cases for Oral Hearing
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`The Board’s Scheduling Order aligned the schedules of six related inter
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`partes review proceedings. See Order, Paper 8. Because of overlapping subject
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`matter and issues, and to expedite the proceedings, Petitioner requests that these
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`cases be set for oral hearing in two groups, as follows.
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`“Diagnostic/Test” cases
` IPR2016–01006 (Patent 7,835,430)
` IPR2016–01007 (Patent 8,432,956)
` IPR2016–01008 (Patent 8,238,412)
` IPR2016–01009 (Patent 8,238,412) (this proceeding)
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`“Phase Scrambling” cases
` IPR2016–01020 (Patent 9,014,243)
` IPR2016–01021 (Patent 8,718,158)
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`For the “Diagnostic/Test” cases (including this case), Petitioner respectfully
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`requests a single consolidated oral hearing, with each side having 40 minutes to
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`present.
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`2. Issues to be Presented During Oral Hearing
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`During the oral hearing, Petitioner requests the opportunity to present oral
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`argument on all of the issues raised in the papers pertaining to the instituted
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`1
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`Petitioner’s Request for Oral Hearing
`IPR2016-01009
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`grounds, including:
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` Claim construction of the terms “subchannel” and “during Showtime”
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` Milbrandt teaches “power level per subchannel information”
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` Milbrandt in combination with ANSI T1.413 renders obvious “an
`array representing Signal to Noise Ratio per subchannel during
`Showtime information”
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` Milbrandt in combination with Chang renders obvious “idle channel
`noise information”
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` Milbrandt in combination with ANSI T1.413 renders obvious that “the
`power level per subchannel information is based on a Reverb signal”
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`3. Conclusion
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`If the Board has any questions or comments, the undersigned attorney
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`respectfully requests a telephone conference. No fees are believed to be required
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`for filing this request; however, the Commissioner is authorized to charge any
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`required fees, or credit any overpayment, to Haynes and Boone, LLP's Deposit
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`Account No. 08-1394.
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`June 30, 2017
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`Respectfully submitted,
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`/David L. McCombs/
`David L. McCombs
`Counsel for Petitioner
`Registration No. 32,271
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`2
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`CERTIFICATE OF SERVICE
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`The undersigned certifies, in accordance with 37 C.F.R. § 42.205, that
`service was made on the Patent Owner as detailed below.
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`Date of service
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`June 30, 2017
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`Petitioner’s Request for Oral Hearing
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`Manner of service
`Email: pmcandrews@mcandrews-ip.com;
`twimbiscus@mcandrews-ip.com; smcbride@mcandrews-ip.com;
`cscharff@mcandrews-ip.com; TQD-CISCO@mcandrews-ip.com
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`Documents served
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`Persons served
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`Peter J. McAndrews
`Thomas J. Wimbiscus
`Scott P. McBride
`Christopher M. Scharff
`MCANDREWS, HELD & MALLOY, LTD
`500 West Madison Street, 34th Floor
`Chicago, IL 60661
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`/David L. McCombs/
`David L. McCombs
`Counsel for Petitioner
`Registration No. 32,271
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`3
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