Case IPR2016-01254
`Patent No. 8,457,113
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`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 REQUEST FOR ORAL ARGUMENT
`
`
`
`
`
`
`
`
`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 REQUEST FOR ORAL ARGUMENT
`
`
`
`
`
`
`
`
`
`Case IPR2016-01254
`Patent No. 8,457,113
`
`
`Pursuant to 37 C.F.R. § 42.70(a), Petitioner requests an oral hearing in IPR
`
`Nos. IPR2016-01254 and IPR2016-01257. The Board has set Due Date 7 for
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`September 19, 2017 for these IPRs. Paper No. 16 at 4, 6. Petitioner requests
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`(without any intent to waive consideration of any issue not requested) a total of 30
`
`minutes for the Petitioner to address the following issues at the oral hearing for
`
`these IPRs:
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`1. The unpatentability of claims 143-147, 149, 150, 163, and 176-178 of
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`U.S. Patent No. 8,457,113 (the “’113 Patent”) from Ground 1 (U.S.
`
`Patent No. 6,353,660 (“Burger”) in view of the knowledge and skill of
`
`a person of ordinary skill in the art (“POSA”) in May 2000) as relied
`
`upon in the Petition in IPR2016-01257;
`
`2. The unpatentability of claims 143-147, 149, 150, 163, and 176-178 of
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`U.S. Patent No. 8,457,113 (the “’113 Patent”) from Ground 2 (Burger
`
`in view of U.S. Patent No. 6,798,767 (“Alexander”) and the
`
`knowledge and skill of a POSA in May 2000) as relied upon in the
`
`Petition in IPR2016-01257;
`
`3. The unpatentability of claims 143-147, 149, 150, 163, and 176-178 of
`
`U.S. Patent No. 8,457,113 (the “’113 Patent”) from Ground 3 (U.S.
`
`Patent No. 6,683,870 (“Archer”) in view of the knowledge and skill of
`
`
`
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`1
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`Case IPR2016-01254
`Patent No. 8,457,113
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`a POSA in May 2000) as relied upon in the Petition in IPR2016-
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`01257;
`
`4. Whether Patent Owner has met its burden to demonstrate patentability
`
`of proposed substitute claim 184 of the ’113 Patent in view of the
`
`teachings of Burger, Archer, Chang, U.S. Patent No. 6,442,169 to
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`Lewis (“Lewis”), U.S. Patent No. 6,333,931 to LaPier (“LaPier”), and
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`combinations of the teachings of such references in view of the
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`knowledge and skill of a POSA, and the state of the art, in May 2000
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`as set forth in IPR2016-01257;
`
`5. The unpatentability of claims 38 and 65 of U.S. Patent No. 8,457,113
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`(the “’113 Patent”) from Ground 1 (U.S. Patent No. 6,353,660
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`(“Burger”) in view of the knowledge and skill of a person of ordinary
`
`skill in the art (“POSA”) in May 2000) as relied upon in the Petition
`
`in IPR2016-01254;
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`6. The unpatentability of claims 38 and 65 of U.S. Patent No. 8,457,113
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`(the “’113 Patent”) from Ground 2 (Burger in view of U.S. Patent No.
`
`6,798,767 (“Alexander”) and the knowledge and skill of a POSA in
`
`May 2000) as relied upon in the Petition in IPR2016-01254;
`
`7. The unpatentability of claims 38 and 65 of U.S. Patent No. 8,457,113
`
`(the “’113 Patent”) from Ground 3 (U.S. Patent No. 6,683,870
`2
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`Case IPR2016-01254
`Patent No. 8,457,113
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`(“Archer”) in view of the knowledge and skill of a POSA in May
`
`2000) as relied upon in the Petition in IPR2016-01254;
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`8. The unpatentability of claims 38 and 65 of U.S. Patent No. 8,457,113
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`(the “’113 Patent”) from Ground 4 (Archer in view of U.S. Patent No.
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`5,958,016 (“Chang”) in view of the knowledge and skill of a POSA in
`
`May 2000) as relied upon in the Petition in IPR2016-01254;
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`9. Petitioners’ Motion to Exclude;
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`10. Responses to any issues identified in Patent Owner’s Request for Oral
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`Argument; and
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`11. Any other issues the Board deems necessary for issuing a final written
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`decision.
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`In coordination with Bright House Networks, LLC, (Petitioners in IPR2016-
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`01259; IPR2016-01261; IPR2016-01262; and IPR2016-01263) (“Bright House”),
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`YMax Corporation (Petitioners in IPR2016-01256, IPR2016-01258, and IPR2016-
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`01260) (“YMax”) and the Patent Owner, Petitioners also propose the following
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`order for the oral hearings on September 19, 2017:
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`1. Bright House Networks’ IPRs where each side has 90 minutes;
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`2. Petitioner’s IPRs where each side has 30 minutes; and
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`3. YMax’s IPRs where each side has 90 minutes.
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`3
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`Case IPR2016-01254
`Patent No. 8,457,113
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`Petitioners and Bright House Networks have discussed areas of overlap
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`between the IPR2016-01261, IPR2016-01262, IPR2016-01254 and IPR2016-
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`01257 proceedings, and, to be respectful of the Board’s time, will coordinate so as
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`not to present redundant arguments to the Board during the hearing. Petitioners
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`additionally request that the Board provide audio-visual equipment to display
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`demonstrative exhibits, including a projector to be connected to a laptop, and an
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`ELMO for displaying documents of record. In accordance with the Trial Practice
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`Guide, Fed. Reg. Vol. 77, No. 157, at 48768, Petitioners will contact the Board
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`Trial Division paralegal to discuss this request.
`
`
`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
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`
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`4
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`Case IPR2016-01254
`Patent No. 8,457,113
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`CERTIFICATE OF SERVICE
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`Pursuant to 37 C.F.R. §§ 42.6(e) and 42.70, the undersigned certifies that on
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`August 21, 2017, a complete and entire electronic copy of Petitioners’ Request
`
`for Oral Hearing was provided via the Patent Trial and Appeal Board End to End
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`(PTAB E2E) System as well as delivering a copy electronically via email on the
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`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
`
`
`August 21, 2017
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`
`
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`
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`
`
`By: /Wayne O. Stacy/
`Wayne Stacy
`Reg. No. 45,125
`Lead Counsel
`
`
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`5
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