`Patent 8,457,113
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`Paper No. 30
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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.,
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`Petitioner
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`v.
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`FOCAL IP, LLC,
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`Patent Owner
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`________________
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`Case IPR2016-01254
`Patent Number: 8,457,113
`________________
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`PATENT OWNER FOCAL IP, LLC’S OBJECTIONS TO EVIDENCE
`SUBMITTED UNDER 37 C.F.R. § 42.64(b)(1)
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`Case IPR2016-01254
`Patent 8,457,113
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`Paper No. 30
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`Pursuant to 37 C.F.R. § 42.64(b)(1), Patent Owner Focal IP, LLC hereby
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`objects to the following evidence submitted, relied on, or cited to by Petitioner Cisco
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`Systems, Inc. in connection with Petitioner’s Reply to Patent Owner’s Response
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`filed on June 26, 2017.
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`1. The use of Exhibit 1046 (U.S. Patent No. 6,442,169 to Lewis) and
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`proposed substitute Exhibit 1047 (U.S. Patent No. 6,333,931 to LaPier) in
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`connection with the Petition for Inter Partes Review is objected to under
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`Fed. R. Evid. 401-403 and 37 C.F.R. § 42.62. Trial was not instituted with
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`respect to these prior art references. These Exhibits are therefore irrelevant
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`to this proceeding. Alternatively, these Exhibits are unfairly prejudicial,
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`misleading, and confuse the issues.
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`2. Exhibits 1048 and 1049 (Transcripts of Deposition of Regis “Bud” Bates
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`in IPR2016-01259, IPR2016-01261, IPR2016-01262, and IPR2016-
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`01263) are objected to as hearsay under Fed. R. Evid. 801-802 because
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`they are transcripts of a deposition taken in other proceedings with
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`different claims and/or prior art at issue and Mr. Bates was available for
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`deposition in this proceeding. In addition, Exhibits 1048 and 1049 are
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`objected to under Fed. R. Evid. 401-403 and 37 C.F.R. § 42.62 because
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`the deposition was taken in different proceedings with different claims
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`Case IPR2016-01254
`Patent 8,457,113
`and/or prior art at issue. The Exhibits are therefore irrelevant to this
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`Paper No. 30
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`proceeding.
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` Alternatively,
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`the Exhibits are unfairly prejudicial,
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`misleading, and confuse the issues.
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`Dated: June 30, 2017
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`Respectfully Submitted,
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`/s/ Brent N. Bumgardner
`Brent N. Bumgardner
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`Registration No. 48,476
`NELSON BUMGARDNER, P.C.
`3131 W. 7th Street, Suite 300
`Fort Worth, Texas 76107
`Telephone: (817) 377-3490
`Email: brent@nelbum.com
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`Case IPR2016-01254
`Patent 8,457,113
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`Paper No. 30
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`CERTIFICATE OF SERVICE
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`I hereby certify that on this 30th day of June 2017, a copy of Patent Owner
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`FOCAL IP, LLC’s Objections to Evidence Submitted Under 37 C.F.R. § 42.64(b)(1)
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`has been served in its entirety via email on the following:
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`
`Wayne Stacy
`BAKER BOTTS L.L.P.
`2001 Ross Avenue
`Dallas, TX 75201
`Phone: (214) 953-6678
`Facsimile: (214) 661-4678
`wayne.stacy@bakerbotts.com
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`Sarah J. Guske
`BAKER BOTTS L.L.P.
`101 California Street, #3070
`San Francisco, CA 94111
`Phone: (415) 291-6205
`Facsimile: (415) 291-6305
`sarah.guske@bakerbotts.com
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`Dated: June 30, 2017
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`Respectfully Submitted,
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`/s/ Brent N. Bumgardner
`Brent N. Bumgardner
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`Registration No. 48,476
`NELSON BUMGARDNER, P.C.
`3131 W. 7th Street, Suite 300
`Fort Worth, Texas 76107
`Telephone: (817) 377-3490
`Email: brent@nelbum.com
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