Filed by: Petitioner ARRIS Group, Inc.
`
`By:
`Dan R. Gresham (dan.gresham@thomashorstemeyer.com)
`770-933-9500
`Charles W. Griggers (charles.griggers@thomashorstemeyer.com)
`770-933-9500
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`ARRIS GROUP, INC.
`Petitioner
`
` v.
`
`TQ DELTA, LLC
`Patent Owner
`
`
`
`Case: IPR2016-01160
`
`U.S. PATENT NO. 8,611,404 B2
`
`
`
`
`
`PETITTIONER ARRIS GROUP, INC.’S NOTICE OF APPEAL
`
`
`
`
`
`
`
`By:
`Dan R. Gresham (dan.gresham@thomashorstemeyer.com)
`770-933-9500
`Charles W. Griggers (charles.griggers@thomashorstemeyer.com)
`770-933-9500
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`ARRIS GROUP, INC.
`Petitioner
`
` v.
`
`TQ DELTA, LLC
`Patent Owner
`
`
`
`Case: IPR2016-01160
`
`U.S. PATENT NO. 8,611,404 B2
`
`
`
`
`
`PETITTIONER ARRIS GROUP, INC.’S NOTICE OF APPEAL
`
`
`
`
`
`
`
`
`
`Pursuant to 35 U.S.C. §§ 141-44, and 319, 37 C.F.R. §§ 90.2, 90.3, and
`
`104.2, and Rule 4(a) of the Federal Rules of Appellate Procedure, Petitioner
`
`ARRIS Group, Inc. (“ARRIS”) hereby appeals to the United States Court of
`
`Appeals for the Federal Circuit from the Final Written Decision (Paper 34) entered
`
`by the Patent Trial and Appeal Board (the “Board”) on December 13, 2017, and
`
`from all underlying orders, decisions, rulings and opinions.
`
`In accordance with 37 C.F.R. § 90.2(a)(3)(ii), ARRIS’s issues on appeal
`
`include at least:
`
`(i) the Board erred in failing to find claims 1-20 of U.S. Patent No.
`
`8,611,404 B2 (“the ‘404 patent”) unpatentable under 35 U.S.C. § 103(a) as obvious
`
`over U.S. Patent No. 5,956,323 (“Bowie”), U.S. Patent No. 6,246,725 B1
`
`(“Vanzieleghem”), and Network and Customer
`
`Installation
`
`Interfaces –
`
`Asymmetric Digital Subscriber Line (ADSL) Metallic Interface, AMERICAN
`
`NATIONAL STANDARDS INSTITUTION (ANSI) T1.413-1995 STANDARD
`
`(“ANSI T1.413”);
`
`(ii) the Board erred in construing the term “synchronization signal” in the
`
`Final Written Decision to mean “a signal allowing synchronization between the
`
`clock of the transmitter of the signal and the clock of the receiver of the signal,”
`
`which construction differed from the proposed constructions of both ARRIS and
`
`
`
`2
`
`
`
`Patent Owner, as well as the construction originally adopted by the Board in the
`
`Institution Decision;
`
`(iii) the Board erred in excluding portions of ARRIS’s Reply (Paper 17) in
`
`which ARRIS addressed Patent Owner’s argument for a different construction of
`
`the term “synchronization signal” than that advanced in the Petition (and which
`
`was adopted by the Board in the Institution Decision), and in which ARRIS
`
`presented evidence that Vanzieleghem and ANSI T1.413 disclose the claimed
`
`“synchronization signal” under Patent Owner’s proposed construction and the
`
`construction adopted by the Board for the first time in the Final Written Decision;
`
`(iv) the Board erred in failing to consider other evidence of record
`
`demonstrating
`
`that
`
`the claimed “synchronization signal”
`
`is disclosed by
`
`Vanzieleghem and ANSI T1.413 under the construction adopted by the Board for
`
`the first time in the Final Written Decision;
`
`(v) the Board erred in refusing to permit ARRIS any opportunity to show
`
`that the claimed “synchronization signal” is disclosed by Vanzieleghem and ANSI
`
`T1.413 under the construction adopted by the Board for the first time in the Final
`
`Written Decision;
`
`(vi) the Board erred in denying ARRIS’s Request for Rehearing pursuant to
`
`37 C.F.R. § 42.71 (Paper 35); and
`
`
`
`3
`
`
`
`(vii) any findings, determinations, and/or conclusions relating to the
`
`aforementioned issues as well as all other issues decided adversely to ARRIS in
`
`any orders, decisions, rulings and opinions.
`
`Pursuant to 37 C.F.R. § 90.3(b), this Notice of Appeal is timely filed within
`
`63 days of the Decision Denying ARRIS’s Request for Rehearing (Paper 36),
`
`entered March 5, 2018.
`
`Simultaneous with this submission, ARRIS is filing a true and correct copy
`
`of this Notice of Appeal with the Director of the United States Patent and
`
`Trademark Office and a true and correct copy of the same, along with the required
`
`docketing fee, with the Clerk of the United States Court of Appeals for the Federal
`
`Circuit as set forth in the accompanying Certificate of Filing.
`
`Date: May 2, 2018
`
`
`
`
`
`
`
`Respectfully submitted,
`
`ARRIS Group, Inc.
`Petitioner
`
`
`
` By: /Dan R. Gresham/
`Dan R. Gresham
`(Reg. No. 41,805)
`Charles W. Griggers
`(Reg. No. 47,283)
`dan.gresham@thomashorstemeyer.com
`charles.griggers@thomashorstemeyer.com
`
`THOMAS HORSTEMEYER, LLP
`3200 Windy Hill Rd SE
`Suite 1600E
`Atlanta, Georgia 30339
`
`
`
`4
`
`
`
`Telephone: 770.933.9500
`Facsimile: 770.951.0933
`
`Bob Starr ARRIS Group, Inc.
`Reg. No. 53,634
`bob.starr@arris.com
`
`
`
`
`
`
`Attorneys for Petitioner ARRIS Group, Inc.
`
`
`
`5
`
`
`
`CERTIFICATE OF FILING AND SERVICE
`
`
`
`This is to certify that the foregoing PETITONER ARRIS GROUP, INC.’S
`
`NOTICE OF APPEAL was submitted to the following on May 2, 2018:
`
`1 Copy, via
`Federal
`Express
`
`1 Copy, via
`E2E
`1 Copy including
`$500 fee, via
`CM/ECF
`3 Copies, via
`Federal Express
`
`1 Copy, via email
`
`Office of the General Counsel
`Director of the United States Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`Patent Trial and Appeal Board
`United States Patent and Trademark Office
`United States Court of Appeals for the Federal Circuit
`
`Clerk of Court for Court of Appeals for the Federal Circuit
`717 Madison Place, N.W.
`Washington, D.C. 20439
`Peter McAndrews (pmcandrews@mcandrews-ip.com)
`Thomas Wimbiscus (twimbiscus@mcandrews-ip.com)
`Scott McBride (smcbride@mcandrews-ip.com)
`Christopher Scharff (cscharff@mcandrews-ip.com)
`David Z. Petty (dpetty@mcandrews-ip.com)
`Rajendra A. Chiplunkar (rchiplunkar@mcandrews-ip.com)
`MCANDREWS HELD & MALLOY
`500 West Madison St., Suite 3400
`Chicago, IL 60661
`
`Date: May 2, 2018
`
`By: /Dan R. Gresham/
`Dan R. Gresham
`(Reg. No. 41,805)
`Charles W. Griggers
`(Reg. No. 47,283)
`THOMAS | HORSTEMEYER, LLP
`3200 Windy Hill Rd SE
`Suite 1600E
`Atlanta, Georgia 30339
`Telephone: 770.933.9500
`Attorneys for Petitioner ARRIS
`Group, Inc.
`
`
`
`
`
`
`
`
`
`
`
`
`
`6
`
`
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