`By: Peter J. McAndrews
`Thomas J. Wimbiscus
`Scott P. McBride
`Christopher M. Scharff
`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
`_____________
`
`ARRIS GROUP, INC.,
`Petitioner,
`v.
`
`TQ DELTA, LLC,
`Patent Owner.
`_____________
`
`Case IPR2016-01160
`Patent No. 8,611,404
`_____________
`
`PATENT OWNER’S OBJECTIONS TO EVIDENCE
`PURSUANT TO 37 C.F.R. § 42.64(b)(1)
`
`
`
`
`
`
`
`Patent Owner’s Objections to Evidence
`IPR2016-01160
`U.S. Patent No. 8,611,404
`
`
`Pursuant to 37 C.F.R. § 42.64(b)(1), Patent Owner TQ Delta, LLC (“Patent
`
`Owner”) hereby files and serves the following objections to evidence that
`
`Petitioner ARRIS GROUP, Inc.’s (“ARRIS”) submitted with its Petition for Inter
`
`Parties Review of United States Patent No. 8,611,404. A chart listing Patent
`
`Owner’s objections and its basis for the objections is provided below.
`
`Exhibit
`Ex. 1003
`(Declaration of Lance
`McNally)
`
`
`Ex. 1007
`(T1E1.4/97-161R1,
`“Warm Re-Start for
`ADSL”)
`
`Objection
`Relevance: The declaration offers opinions that claims of
`U.S. Patent No. 8,612,404 are invalid on the ground that
`they are obvious over Exhibits 1007, 1008, and 1009.
`Those opinions are not relevant under FRE 402 to this
`Petition because the Board did not institute trial based on
`that ground.
`
`Relevance: The exhibit is not relevant under FRE 402 to
`any ground upon which trial was instituted.
`
`Confusion, Delay, and Waste of Time: To the extent that
`this exhibit has any other relevance to the Petition, that
`relevance was not raised by the Petition, and any
`argument for raising it now would result in confusion,
`delay, and wasted time. See FRE 403.
`
`Hearsay: The exhibit constitutes inadmissible hearsay,
`and no hearsay exception applies. See FRE 801-807.
`Additionally, Petitioner has provided no admissible
`evidence establishing the date of publication.
`
`Authenticity: The exhibit is not authenticated as required
`by FRE 901 and is not self-authenticating.
`
`
`2
`
`
`
`Patent Owner’s Objections to Evidence
`IPR2016-01160
`U.S. Patent No. 8,611,404
`
`
`Exhibit
`Ex. 1008
`(T1E1.4/97-319,
`“Power Down in
`Multicarrier
`Transmission”)
`
`Objection
`Relevance: The exhibit is not relevant under FRE 402 to
`any ground upon which trial was instituted.
`
`Confusion, Delay, and Waste of Time: To the extent that
`this exhibit has any other relevance to the Petition, that
`relevance was not raised by the Petition, and any
`argument for raising it now would result in confusion,
`delay, and wasted time. See FRE 403.
`
`Hearsay: The exhibit constitutes inadmissible hearsay,
`and no hearsay exception applies. See FRE 801-807.
`Additionally, Petitioner has provided no admissible
`evidence establishing the date of publication.
`
`Authenticity: The exhibit is not authenticated as required
`by FRE 901 and is not self-authenticating.
`
`Hearsay: The exhibit constitutes inadmissible hearsay,
`and no hearsay exception applies. See FRE 801-807.
`Additionally, Petitioner has provided no admissible
`evidence establishing the date of publication.
`
`Authenticity: The exhibit is not authenticated as required
`by FRE 901 and is not self-authenticating.
`
`
`Ex. 1009
`(ANSI T1.413-1995 –
`Network and
`Customer Installation
`Interfaces –
`Asymmetric Digital
`Subscriber Line
`(ADSL) Metallic
`Interface”)
`
`3
`
`
`
`Patent Owner’s Objections to Evidence
`IPR2016-01160
`U.S. Patent No. 8,611,404
`
`
`Exhibit
`Ex. 1010
`(Standards Committee
`T1 –
`Telecommunications,
`Procedures Manual)
`
`Ex. 1011
`(T1E1.4/97-362
`Meeting Report,
`September 22-25,
`1997)
`
`Objection
`Relevance: The exhibit is not relevant under FRE 402 to
`any ground upon which trial was instituted.
`
`Confusion, Delay, and Waste of Time: To the extent that
`this exhibit has any other relevance to the Petition, that
`relevance was not raised by the Petition, and any
`argument for raising it now would result in confusion,
`delay, and wasted time. See FRE 403.
`
`Hearsay: The exhibit constitutes inadmissible hearsay,
`and no hearsay exception applies. See FRE 801-807.
`
`Authenticity: The exhibit is not authenticated as required
`by FRE 901 and is not self-authenticating.
`
`Relevance: The exhibit is not relevant under FRE 402 to
`any ground upon which trial was instituted.
`
`Confusion, Delay, and Waste of Time: To the extent that
`this exhibit has any other relevance to the Petition, that
`relevance was not raised by the Petition, and any
`argument for raising it now would result in confusion,
`delay, and wasted time. See FRE 403.
`
`Hearsay: The exhibit constitutes inadmissible hearsay,
`and no hearsay exception applies. See FRE 801-807.
`
`Authenticity: The exhibit is not authenticated as required
`by FRE 901 and is not self-authenticating.
`
`
`4
`
`
`
`Patent Owner’s Objections to Evidence
`IPR2016-01160
`U.S. Patent No. 8,611,404
`
`
`Exhibit
`Ex. 1012
`(T1E1.4/97-463
`Meeting Report,
`December 8-11, 1997)
`
`Ex. 1014
`(ATIS correspondence
`re: Implementation of
`Section 273 of the
`Communications Act
`of 1934)
`
`Objection
`Relevance: The exhibit is not relevant under FRE 402 to
`any ground upon which trial was instituted.
`
`Confusion, Delay, and Waste of Time: To the extent that
`this exhibit has any other relevance to the Petition, that
`relevance was not raised by the Petition, and any
`argument for raising it now would result in confusion,
`delay, and wasted time. See FRE 403.
`
`Hearsay: The exhibit constitutes inadmissible hearsay,
`and no hearsay exception applies. See FRE 801-807.
`
`Authenticity: The exhibit is not authenticated as required
`by FRE 901 and is not self-authenticating.
`
`Relevance: The exhibit is not relevant under FRE 402 to
`any ground upon which trial was instituted.
`
`Confusion, Delay, and Waste of Time: To the extent that
`this exhibit has any other relevance to the Petition, that
`relevance was not raised by the Petition, and any
`argument for raising it now would result in confusion,
`delay, and wasted time. See FRE 403.
`
`Hearsay: The exhibit constitutes inadmissible hearsay,
`and no hearsay exception applies. See FRE 801-807.
`
`Authenticity: The exhibit is not authenticated as required
`by FRE 901 and is not self-authenticating.
`
`
`5
`
`
`
`Patent Owner’s Objections to Evidence
`IPR2016-01160
`U.S. Patent No. 8,611,404
`
`
`Exhibit
`Ex. 1015
`(Aware, Inc. Annual
`Report)
`
`Ex. 1016
`(Internet Archive
`Capture of T1E1.4
`1997 Directory)
`
`Ex. 1018
`(ANSI Procedures for
`the Development and
`Coordination of
`American National
`Standards)
`
`
`
`Objection
`Relevance: The exhibit is not relevant under FRE 402 to
`any ground upon which trial was instituted.
`
`Confusion, Delay, and Waste of Time: To the extent that
`this exhibit has any other relevance to the Petition, that
`relevance was not raised by the Petition, and any
`argument for raising it now would result in confusion,
`delay, and wasted time. See FRE 403.
`
`Hearsay: The exhibit constitutes inadmissible hearsay,
`and no hearsay exception applies. See FRE 801-807.
`
`Authenticity: The exhibit is not authenticated as required
`by FRE 901 and is not self-authenticating.
`
`Relevance: The exhibit is not relevant under FRE 402 to
`any ground upon which trial was instituted.
`
`Confusion, Delay, and Waste of Time: To the extent that
`this exhibit has any other relevance to the Petition, that
`relevance was not raised by the Petition, and any
`argument for raising it now would result in confusion,
`delay, and wasted time. See FRE 403.
`
`Hearsay: The exhibit constitutes inadmissible hearsay,
`and no hearsay exception applies. See FRE 801-807.
`
`Authenticity: The exhibit is not authenticated as required
`by FRE 901 and is not self-authenticating.
`
`Hearsay: The exhibit constitutes inadmissible hearsay
`and no hearsay exception applies. See FRE 801-807.
`
`Authenticity: The exhibit is not authenticated as required
`by FRE 901 and is not self-authenticating.
`
`
`6
`
`
`
`Patent Owner’s Objections to Evidence
`IPR2016-01160
`U.S. Patent No. 8,611,404
`
`
`
`These objections are made, filed, and served within 10 business days of
`
`December 14, 2016, the date of institution of the trial.
`
`
`
`
`Dated: December 28, 2016
`
`
`Respectfully submitted,
`
`/Peter J. McAndrews/
`Peter J. McAndrews
`Registration No. 38,547
`McAndrews, Held & Malloy, Ltd.
`500 West Madison Street, 34th Floor
`Chicago, Illinois 60661
`Office: (312) 775-8000
`Fax: (312) 775-8100
`Email: pmcandrews@mcandrews-ip.com
`
`Lead Counsel for Patent Owner
`
`
`
`7
`
`
`
`Patent Owner’s Objections to Evidence
`IPR2016-01160
`U.S. Patent No. 8,611,404
`
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that a true and correct copy of the foregoing Patent
`
`Owner’s Objections To Evidence Pursuant To 37 C.F.R. 42.64(b)(1) was
`
`served on December 28, 2016, via email to counsel for Petitioners at the following:
`
`Charles Griggers
`Dan Gresham
`Thomas Horstemeyer, LLP
`400 Interstate North Parkway, Suite 1500
`Atlanta, GA 30339
`Tel. 770-933-9500
`Fax 770-951-0933
`charles.griggers@thomashorstemeyer.com
`dan.gresham@thomashorstemeyer.com
`
`
`
`
`
`
`
`
`/Peter J. McAndrews/
`Peter J. McAndrews
`Registration No. 38,547
`
`
`
`
`
`
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`
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`MCANDREWS, HELD & MALLOY
`
`
`
`
`
`
`
`Telephone: 312-775-8000
`
`
`Facsimile: 312-775-8100
`
`
`
`CUSTOMER NUMBER: 23446