`
`
`
`
`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 REPLY IN SUPPORT OF THEIR MOTION TO
`EXCLUDE
`
`
`
`Case IPR2016-01254
`Patent No. 8,457,113
`
`
`I.
`
`EXHIBITS 2023, 2025, AND 2028-2030 SHOULD BE EXCLUDED
`
`Patent Owner acknowledges that Exhibits 2023, 2025, 2028-2030 are
`
`incomplete transcripts and submissions of witnesses who have not submitted
`
`declarations or any direct testimony in the present case, and of entities who are not
`
`petitioners in the present case. Opposition at 1. Patent Owner’s argument that
`
`Petitioners, instead of itself, needed to submit the complete transcripts and
`
`submissions for each of these exhibits with their Reply is yet another improper
`
`attempt to shift Patent Owner’s burden of complying with the F.R.E. onto
`
`Petitioners. Rather, Petitioners followed the procedures set forth in F.R.E. 106 and
`
`37 C.F.R. 42.64 by timely objecting to these exhibits as incomplete and preserving
`
`those objections in its Motion to Exclude. See Paper No. 26 (Cisco’s Objections to
`
`Evidence). Patent Owner refused to respond to these objections with supplemental
`
`evidence including the complete documents and thus failed to cure its lack of
`
`compliance with the F.R.E. Thus, Exhibits 2023, 2025, and 2028-2030 remain
`
`inadmissible in this IPR.
`
`1
`
`
`
`Case IPR2016-01254
`Patent No. 8,457,113
`
`Dated: September 5, 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 September 5,
`
`2017, a complete and entire electronic copy of Petitioner’s Reply ISO Patent
`
`Owner’s Motion to Exclude were provided via the Patent Trial and Appeal Board
`
`End to End (PTAB E2E) System as well as delivering a copy 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
`
`
`
`
`Dated September 5, 2017
`
`LEAD COUNSEL FOR PETITIONERS
`
`
`
`
`
`By: /Wayne Stacy/
`Wayne Stacy
`USPTO Reg. No. 45,125
`
`
`
`
`
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