`Patent No. 8,457,113
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`CISCO SYSTEMS, INC.
`Petitioner
`
`v.
`
`FOCAL IP, LLC
`Patent Owner
`
`Case No. IPR2016-01254
`Patent: 8,457,113
`
`
`
`PETITIONER’S MOTION TO EXCLUDE
`
`
`
`Case IPR2016-01254
`Patent No. 8,457,113
`
`
`Pursuant to 37 C.F.R. § 42.64(c), Petitioner Cisco Systems, Inc. hereby
`
`moves to exclude: (1) Exhibits 2023, 2025, 2028-2030 and 2065.
`
`Petitioner has complied with the requirements of 37 C.F.R. § 42.64(c).
`
`Specifically, Petitioner timely objected to each of these exhibits and, for each
`
`exhibit, identified and explained the particular evidentiary grounds for their
`
`objections. Paper 26.
`
`I.
`
`EXHIBITS 2023, 2025, 2028-2030 AND 2065 SHOULD BE EXCLUDED
`
`Petitioners move to exclude Exhibits 2023, 2025, 2028-2030 and 2065, and
`
`any reference to or reliance thereon by Patent Owner, because these exhibits are
`
`incomplete transcripts and submissions of witnesses who have not submitted
`
`declarations or any direct testimony in the present case, and entities who are not
`
`petitioners in the present case, and as Patent Owner’s reference to or reliance
`
`thereon is taken out of context. Thus, these exhibits confuse the issues in this IPR,
`
`waste time, and are prejudicial to Petitioners.
`
`Exhibit 2023 is a copy of excerpts of Bright House Networks, LLC, petition
`
`for inter partes review from inter partes review proceeding IPR2016- 01261.
`
`Exhibits 2028-2030, and 2065, are respective copies of excerpts of the trial
`
`transcript of the cross-examination of Dr. Tal Lavian, and excerpts of a declaration
`
`of Dr. Lavian, from inter partes review proceedings IPR2016-01256, IPR2016-
`
`01258, and IPR2016-01260. Exhibit 2025 is a copy of excerpts of YMax
`
`1
`
`
`
`Case IPR2016-01254
`Patent No. 8,457,113
`
`Corporation’s petition for inter partes review from inter partes review proceeding
`
`IPR2016-01260. Dr. Lavian is not a witnesses in the present proceeding and has
`
`not submitted declarations or any direct testimony in the present case.
`
`Additionally, YMax Corporation is not a petitioner in the present case.
`
`These exhibits should be excluded under F.R.E. 106, 403, and 1006, because
`
`they include only Patent Owner’s cherry-picked excerpts of the entire transcripts
`
`and submissions of such witnesses and entities, and because Patent Owner relies
`
`upon these excerpts out of the context of the rest of the testimony and documents.
`
`For example, none of these excerpts involved testimony regarding interconnecting
`
`two different types of networks (such as an IP network and a circuit switched
`
`network) like the prior art of record in this proceeding.
`
`Thus, Exhibits 2023, 2025, 2028-2030, and 2065 should be excluded.
`
`
`
`Dated: August 21, 2017
`
`BAKER BOTTS L.L.P.
`ATTN: Wayne O. Stacy
`101 California Street, Suite 3600
`San Francisco, CA 94111
`Tel: (415) 291-6206
`Fax: (415) 291-6306
`
`
`
`
`
`
`
`Respectfully submitted,
`BAKER BOTTS L.L.P.
`
`/Wayne O. Stacy/
`Wayne Stacy
`Reg. No. 45,125
`Lead Counsel
`
`
`
`
`
`
`2
`
`
`
`Case IPR2016-01254
`Patent No. 8,457,113
`
`
`CERTIFICATE OF SERVICE
`
`Pursuant to 37 C.F.R. § 42.53, the undersigned certifies that on August 21, 2017, a
`
`complete and entire electronic copy of Petitioner’s Motion to Exclude was served
`
`electronically via email on the following:
`
`
`
`
`
`
`
`
`
`Brent N. Bumgardner
`brent@nelbum.com
`PAL-IPR@nelbum.com
`
`John Murphy
`murphy@nelbum.com
`
`NELSON BUMGARDNER, P.C.
`3131 W. 7th Street, Suite 300
`Fort Worth, Texas 76107
`
`Victor Siber
`vsiber@siberlaw.com
`
`Hanna Madbak
`hmadbak@siberlaw.com
`
`By: /Wayne O. Stacy/
`Wayne Stacy
`Reg. No. 45,125
`Lead Counsel
`
`
`
`1
`
`
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
