`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`ARRIS GROUP, INC.
`Petitioner
`
`v.
`
`TQ DELTA, LLC
`Patent Owner
`
`
`
`Case: IPR2016-01160
`Patent 8,611,404
`
`
`
`PETITIONER’S RESPONSE TO PATENT OWNER’S
`OBJECTIONS TO EVIDENCE
`
`
`
`
`
`Mail Stop PATENT BOARD
`Patent Trial and Appeal Board
`United States Patent and Trademark Office
`PO Box 1450
`Alexandria, Virginia 22313–1450
`Submitted Electronically via the Patent Review Processing System
`
`
`
`
`
`
`
`In accordance with 37 C.F.R. § 42.64(b)(2), Petitioner ARRIS GROUP, Inc.
`
`(“ARRIS” or “Petitioner”) hereby responds to Patent Owner’s Objections to
`
`Evidence and has served a supplemental exhibit (EX. 1019) within 10 working
`
`days of the date of Patent Owner’s Objections to the Evidence.
`
`On December 28, 2016, Patent Owner TQ-Delta, LLC. (“Patent Owner”)
`
`served the above referenced objections to certain exhibits that were filed with
`
`ARRIS’s Petition for Inter Partes Review of Patent 8,611,404, citing the Federal
`
`Rules of Evidence (“FRE”).
`
`Petitioner maintains that the exhibits submitted for Ground 1 of the Petition
`
`are proper and entitled to inclusion in the present trial. Out of an abundance of
`
`caution, however, Petitioner serves the following additional supplemental evidence
`
`in response to Patent Owner’s objection of Ex. 1009 (ANSI TI.413-1995 –
`
`Network and Customer Installation Interfaces – Asymmetric Digital Subscriber
`
`Line (ADSL) Metallic Interface):
`
`Ex. 1019: Non-Final Office Action mailed July 24, 2003,
`
`Application No. 09/563,527. The Office Action cites ANSI TI.413-
`
`1995 (Ex. 1009) as a prior art publication under 35 U.S.C. 103(a) and
`
`lists the publication date for the reference as “1995.” See Ex. 1019 at
`
`3 and 8.
`
`1
`
`
`
`
`
`In particular, Patent Owner objects to Ex. 1009 as not being authenticating as
`
`required by FRE 901 and has not established the date of publication. The above-
`
`described evidence is an Office Action from the United States Patent Office that
`
`cites ANSI TI.413-1995 (Ex. 1009) as a prior art publication under 35 U.S.C.
`
`103(a) and lists the publication date for the reference as “1995” which predates the
`
`earliest possible effective filing date of U.S. Patent No. 8,611,404 (January 26,
`
`1998). See Ex. 1019 at 3 and 8. Accordingly, the above-described supplemental
`
`evidence further corroborates evidence already of record in this proceeding and
`
`independently shows that the ANSI TI.413-1995 standard (Ex. 1009) was publicly
`
`accessible as a publication prior to the priority date of the ‘404 Patent (January 26,
`
`1998). There can be no meaningful dispute that the ANSI TI.413-1995 reference
`
`(Ex. 1009) is prior art under 35 U.S.C. 103(a). The above described exhibit is
`
`properly authenticated as required by FRE 901, self-authenticating under FRE
`
`803(6) and 902(11), and/or falls within the residual exception under FRE 807, and
`
`are relevant to the dates of publication in this or another country and/or public
`
`availability in the United States.
`
`
`
`The Patent Owner also objected to Exhibits 1010, 1011, 1012, 1014, 1015,
`
`1016, and 1018. As described in the Petition, the aforementioned exhibits further
`
`corroborate Ex. 1009 which is evidence already of record in this proceeding and
`
`independently show that the ANSI TI.413-1995 standard (Ex. 1009) was publicly
`
`2
`
`
`
`
`
`accessible prior to the priority date of the ‘404 Patent (January 26, 1998). See
`
`Petition (Paper No. 1) at 14-18.
`
`The supplemental evidence is being served within ten business days of the
`
`Service of Patent Owner’s objections and, therefore, is timely under 37 C.F.R. §
`
`42.64(b)(2).
`
`
`
`Dated: January 12, 2017
`
`
`
`
`
`
`
`
`
`Respectfully submitted,
`
`
`
`
`
`/Charles W. Griggers/
`Charles W. Griggers
`Reg. No. 47,283
`
`Thomas | Horstemeyer, LLP
`
`3
`
`
`
`
`
`
`
`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies that copies of the foregoing Petitioner’s
`
`Response to Patent Owner’s Objections to Evidence, Amended Exhibit List, and
`
`Exhibit 1019 were served on January 12, 2017, via electronic mail, per agreement
`
`of the parties, to counsel for the following addresses:
`
`
`
`Peter McAndrews (Reg. No. 38,547) at pmcandrews@mcandrews-ip.com
`
`Thomas J. Wimbiscus (Reg. No. 36,059) at twimbiscus@mcandrews-ip.com
`
`Scott P. McBride (Reg. No. 42,853) at smcbride@mcandrews-ip.com
`
`Christopher M. Scharff (Reg. No. 53,556) at cscharff@mcandrews-ip.com
`
`
`
`By:
`
` /Charles W. Griggers/
`Charles W. Griggers
`Reg. No. 47,283
`
`Attorney for Petitioner
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
