`
`
`
`
`
`Filed on behalf of TQ Delta, LLC
`By: Peter J. McAndrews
`McAndrews, Held & Malloy, Ltd.
`500 W. Madison St., 34th Floor
`Chicago, IL 60661
`Tel: 312-775-8000
`Fax: 312-775-8100
`E-mail: pmcandrews@mcandrews-ip.com
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_____________
`
`CISCO SYSTEMS, INC., DISH NETWORK, LLC,
`COMCAST CABLE COMMUNICATIONS, LLC,
`COX COMMUNICATIONS, INC.,
`TIME WARNER CABLE ENTERPRISES LLC,
`VERIZON SERVICES CORP., and ARRIS GROUP, INC.,
`Petitioners
`
`v.
`
`TQ DELTA, LLC
`Patent Owner
`_____________
`
`Case No. IPR2016-010211
`Patent No. 8,718,158
`_____________
`
`PATENT OWNER OBJECTIONS TO PETITIONERS’
`DEMONSTRATIVES
`
`
`1 DISH Network, L.L.C., who filed a Petition in IPR2017-00255, and Comcast
`Cable Communications, L.L.C., Cox Communications, Inc., Time Warner Cable
`Enterprises L.L.C., Verizon Services Corp., and ARRIS Group, Inc., who filed a
`Petition in IPR2017-00417, have been joined in this proceeding.
`
`
`
`IPR2016-01021
`Patent Owner Objection To Petitioners’ Demonstratives
`U.S. Patent No. 8,718,158
`
`
`Pursuant to the Board’s Order granting the parties’ Request for Oral Hearing
`
`in IPR2016-01021 (Paper 38), Patent Owner submits the following objections to
`
`Petitioners’ demonstratives:
`
`Slide
`21 (entirety)
`
`22 (entirety)
`
`23 (entirety)
`
`Objection
`This slide excerpts Ex. 1023, which constitutes improper new
`evidence and argument that should have been presented in the
`Petition, was not part of the instituted grounds, and was
`provided only with the Reply and, thus, is irrelevant and
`improper (pursuant to F.R.E. 402, F.R.E 403, 37 C.F.R.
`§ 42.23, and 37 C.F.R. § 42.61), as further explained in
`Patent Owner’s Listing of Improper Reply (Paper 25),
`Objections (Paper 23), and Motion to Exclude (Paper 31).
`This slide excerpts Ex. 1024, which constitutes improper new
`evidence and argument that should have been presented in the
`Petition, was not part of the instituted grounds, and was
`provided only with the Reply and, thus, is irrelevant and
`improper (pursuant to F.R.E. 402, F.R.E 403, 37 C.F.R. §
`42.23, and 37 C.F.R. § 42.61), as further explained in Patent
`Owner’s Listing of Improper Reply (Paper 25), Objections
`(Paper 23), and Motion to Exclude (Paper 31).
`This slide excerpts Ex. 1028, which constitutes improper new
`evidence and argument that should have been presented in the
`Petition, was not part of the instituted grounds, and was
`provided only with the Reply and, thus, is irrelevant and
`improper (pursuant to F.R.E. 402, F.R.E 403, 37 C.F.R. §
`42.23, and 37 C.F.R. § 42.61), as further explained in Patent
`Owner’s Listing of Improper Reply (Paper 25), Objections
`(Paper 23), and Motion to Exclude (Paper 31).
`
`1
`
`
`
`
`
`
`Dated: August 1, 2017
`
`
`
`IPR2016-01021
`Patent Owner Objection To Petitioners’ Demonstratives
`U.S. Patent No. 8,718,158
`
`
`Slide
`37 (last two
`sentences in text
`box)
`
`Objection
`These sentences are based on insufficient evidence because
`the Matlab simulation used to support Petitioners’ expert’s
`conclusion was not produced to Patent Owner and was
`apparently destroyed and, thus, are inadmissible and
`improper (pursuant to F.R.E. 702, 705, 37 C.F.R. §§
`41.51(b)(1)(i) & 41.51(b)(1)(iii), and 37 C.F.R. § 42.65(b)) as
`explained in Patent Owner’s Objections (Paper 23), Motion
`to Exclude (Paper 31) at pp. 6–9, and Patent Owner’s Motion
`for Discovery (Paper 34).
`
`
`
`
`
`
`
`/Peter J. McAndrews/
`Peter J. McAndrews
`Registration No. 38,547
`McANDREWS, HELD & MALLOY,
`LTD.
`500 West Madison St., Suite 3400
`Chicago, IL 60661
`Telephone: (312) 775-8000
`
`
`
`2
`
`
`
`IPR2016-01021
`Patent Owner Objection To Petitioners’ Demonstratives
`U.S. Patent No. 8,718,158
`
`
`
`CERTIFICATE OF SERVICE
`
`I hereby certify, pursuant to 37 C.F.R. §42.6, that a complete copy of the
`
`attached PATENT OWNER’S OBJECTIONS TO PETITIONERS’
`
`DEMONSTRATIVES is being served on August 1, 2017, by electronic mail to
`
`the following:
`
`Lead Counsel
`David L. McCombs
`HAYNES & BOONE, LLP
`2323 Victory Ave., Suite 700
`Dallas, TX 75219
`Tel. 214-651-5533
`Fax 214-200-0853
`david.mccombs.ipr@haynesboone.com
`
`Heidi L. Keefe
`COOLEY LLP
`ATTN: Patent Group
`1299 Pennsylvania Ave., Suite 700
`Washington, DC 20004
`Tel. 650-843-5001
`Fax 650-849-7400
`hkeefe@cooley.com
`Dish-TQDelta@cooley.com
`zpatdcdocketing@cooley.com
`
`
`Back-up Counsel
`Theodore M. Foster
`Tel. 972-739-8649
`Russell Emerson
`Tel. 214-651-5328
`Jamie H. McDole
`Tel. 972-651-5121
`HAYNES & BOONE, LLP
`2323 Victory Ave., Suite 700
`Dallas, TX 75219
`Fax 972-692-9156
`ipr.theo.foster@haynesboone.com
`russell.emerson.ipr@haynesboone.com
`jamie.mcdole@haynesboone.com
`
`Stephen McBride
`COOLEY LLP
`ATTN: Patent Group
`1299 Pennsylvania Ave., Suite 700
`Washington, DC 20004
`Tel. 650-843-5001
`Fax 650-849-7400
`smcbride@cooley.com
`
`
`3
`
`
`
`IPR2016-01021
`Patent Owner Objection To Petitioners’ Demonstratives
`U.S. Patent No. 8,718,158
`
`John M. Baird
`Duane Morris LLP
`505 9th St. NW, Ste 1000
`Washington, DC 20004
`Tel. 202-776-7819
`Fax 202-776-7801
`JMBaird@duanemorris.com
`
`Christopher Tyson
`Duane Morris LLP
`505 9th St. NW, Ste 1000
`Washington, DC 20004
`Tel. 202-776-7819
`Fax 202-776-7801
`CJTyson@duanemorris.com
`
`Date: August 1, 2017
`
`
`
`
`
`
`
`
`
`
`/Peter J. McAndrews/
`Peter J. McAndrews
`
`
`
`
`
`4
`
`
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