`Patent No. 8,457,113
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`––––––––––
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`––––––––––
`
`CISCO SYSTEMS, INC.,
`
`Petitioners,
`
`v.
`
`FOCAL IP, LLC,
`
`Patent Owner
`
`––––––––––
`
`
`Case IPR2016-01257
`Patent 8,457,113
`
`
`––––––––––
`
`
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`
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`PETITIONER’S OBJECTIONS TO EVIDENCE SUBMITTED UNDER 37
`C.F.R. § 42.64(b)(1)
`
`
`
`
`
`Case IPR2016-01257
`Patent No. 8,457,113
`
`
`Pursuant to 37 C.F.R. § 42.64(b)(1), the petitioner, Cisco Systems, Inc.
`
`(“Petitioner”), hereby objects to the following evidence submitted, relied on, or
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`cited to, by patent owner, Focal IP, LLC (“Patent Owner”) for Inter Partes Review
`
`of United States Patent No. 8,457,113, in connection with Patent Owner’s
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`Response and Contingent Motion to Amend filed on April 3, 2017.
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`1. Exhibits 2020 and 2029 (excerpts of deposition transcripts) are objected to
`
`as irrelevant under Fed. R. Ev. 401-403 and 37 C.F.R. § 42.62 because the
`
`Exhibits pertain to different institutions, are beyond the scope of the
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`instituted inter partes review, and are unfairly prejudicial, misleading, and
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`confuse the issues. Further, Exhibits 2020 and 2029 are objected to under
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`Fed. R. Ev. 1006 because Patent Owner has provided incomplete excerpts.
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`2. Exhibits 2026, 2028, 2030, 2064, and 2065 (excerpts of declarations) are
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`objected to as irrelevant under Fed. R. Ev. 401-403 and 37 C.F.R. § 42.62
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`because the Exhibits pertain to different institutions, are beyond the scope of
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`the instituted inter partes review, and are unfairly prejudicial, misleading,
`
`and confuse the issues. Further, Exhibits 2026, 2028, 2030, 2064, and 2065
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`are objected to under Fed. R. Ev. 1006 because Patent Owner has provided
`
`incomplete excerpts.
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`3. Exhibits 2023, 2024, and 2025 (excerpts of IPR petitions) are objected to as
`
`irrelevant under Fed. R. Ev. 401-403 and 37 C.F.R. § 42.62 because the
`1
`
`
`
`
`
`Case IPR2016-01257
`Patent No. 8,457,113
`
`
`Exhibits pertain to different institutions, are beyond the scope of the
`
`instituted inter partes review, and are unfairly prejudicial, misleading, and
`
`confuse the issues. Further, Exhibits 2023, 2024 and 2025 are objected to
`
`under Fed. R. Ev. 1006 because Patent Owner has provided incomplete
`
`excerpts.
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`4. Exhibit 2041 is objected to for improperly exceeding the page limits as set
`
`forth by 37 C.F.R. § 42.24. Further, Exhibit 2041 is objected to given that
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`the Exhibit is in direct violation with the Court’s instruction on the issue.
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`(See Paper 24.)
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`
`
`These objections have been timely made, filed, and served within 5 business
`
`days from the April 3, 2017 Patent Owner’s Response.
`
`April 10, 2017
`
`BAKER BOTTS L.L.P.
`ATTN: Wayne O. Stacy
`2001 Ross Ave., #800
`Dallas, TX 75201
`Tel: (214) 953-6678
`Fax: (214) 661-4678
`
`
`
`
`
`Respectfully submitted,
`BAKER BOTTS L.L.P.
`
`/Wayne O. Stacy/
`Wayne Stacy
`Reg. No. 45,125
`Lead Counsel
`
`
`
`
`2
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`
`
`
`Case IPR2016-01257
`Patent No. 8,457,113
`
`
`CERTIFICATE OF SERVICE
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`I hereby certify pursuant to 37 C.F.R. §§ 42.6(e) and 42.105(a) that the
`
`foregoing 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 Madback
`hmadbak@siberlaw.com
`
`SIBER LAW LLP
`28 West 44th Street, Suite 604
`New York, New York 10046
`
`
`By: /Wayne O. Stacy/
`Wayne Stacy
`Reg. No. 45,125
`Lead Counsel
`
`
`
`3
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`April 10, 2017
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