`By: Peter J. McAndrews
`McAndrews, Held & Malloy, Ltd.
`500 W. Madison St., 34th Floor
`Chicago, IL 60661
`Tel: 312-775-8000
`Fax: 312-775-8100
`E-mail: pmcandrews@mcandrews-ip.com
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_____________
`
`CISCO SYSTEMS, INC.,
`Petitioner,
`
`v.
`
`TQ DELTA, LLC,
`Patent Owner.
`_____________
`
`Case IPR2016-01760
`Patent No. 9,094,268
`_____________
`
`PATENT OWNER’S LISTING OF
`NEW ARGUMENTS AND EVIDENCE IN PETITIONER’S REPLY
`
`
`
`
`
`
`Patent Owner’s Listing of New Arguments and Evidence in Petitioner’s Reply
`IPR2016-01760
`U.S. Patent No. 9,094,268
`
`
`Pursuant to the Board’s Order of September 26, 2017 (Paper No. 22), Patent
`
`Owner provides the following list of statements, argumetns, and evidence from
`
`Petitioner’s Reply that are beyond the proper scope of a reply because they are not
`
`responsive, raise new issues, and/or could have been submitted in the Petition. See
`
`37 C.F.R. § 42.23(b); 77 Fed. Reg. 48612, 48620; 77 Fed. Reg. 48,756, 48,767.
`
`(1)
`
`(2)
`
`P. 6, ln. 14 – p. 7, ln. 4 (“While the. . .”) including cites to new Ex. 1012;
`
`P. 7, ln. 9 – p. 8, ln. 5 (“The specification. . .”) including new cites to Ex.
`
`1001 at 2:17-22 and 2:23-24, to Ex. 2008 at 82 and 108, and to Ex. 1012;
`
`(3)
`
`P. 10, lns. 5-12 (“As Dr. Kiaei . . .) including new cites to Ex. 1006 at Figs.
`
`2 and 4 and cites to new Ex. 1012 and new Ex. 1016;
`
`(4)
`
`(5)
`
`(6)
`
`(7)
`
`(8)
`
`P. 13, lns. 11-14 (“As Dr. Kiaei . . .”) including cites to new Ex. 1012;
`
`P. 15, lns. 2-13 (“In this example . . .”);
`
`P. 16, lns. 10-15 (“Parameters such . . .”) including new cite to Ex. 2008;
`
`P. 17, lns. 10-12 (“Bowie’s disclosure which . . .”);
`
`P. 17, ln. 13 – p. 18, ln. 20 (“Further, as . . .”) including new cites to Ex.
`
`1005 at 4:64-5:5, Ex. 1001 at 3:12-25 and 3:29-34, and Ex. 2008 at 87;
`
`(9)
`
`P. 20, lns. 8-9 (“Accordingly . . .”) including cite to new Ex. 1012;
`
`(10) P. 20, lns. 12-18 (“Patent Owner . . .) including new cite to Ex. 2008 and cite
`
`to new Ex. 1012;
`
`2
`
`
`
`Patent Owner’s Listing of New Arguments and Evidence in Petitioner’s Reply
`IPR2016-01760
`U.S. Patent No. 9,094,268
`
`(11) P. 22, lns. 8-9, new cite to Ex. 1006 at 10:58-59;
`
`(12) P. 23, lns. 10-13 (“As discussed . . .”); and
`
`(13) P. 29, lns. 8-13 (“Bowie already . . .”) including new cite to Ex. 1005 at
`
`5:28-31 and to new Ex. 1012.
`
`
`Dated: September 29, 2017
`
`
`Respectfully submitted,
`
`/Peter J. McAndrews/
`Peter J. McAndrews
`Registration No. 38,547
`McAndrews, Held & Malloy, Ltd.
`500 West Madison Street, 34th Floor
`Chicago, Illinois 60661
`Office: (312) 775-8000
`Fax: (312) 775-8100
`Email: pmcandrews@mcandrews-ip.com
`
`Lead Counsel for Patent Owner
`
`
`
`3
`
`
`
`Patent Owner’s Listing of New Arguments and Evidence in Petitioner’s Reply
`IPR2016-01760
`U.S. Patent No. 9,094,268
`
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that a true and correct copy of the foregoing Patent
`
`Owner’s Listing of New Arguments and Evidence in Petitioner’s Reply was
`
`served on September 29, 2017, via email to counsel for Petitioner at the following:
`
`Lead Counsel
`
`Back-up Counsel
`
`Theodore M. Foster
`USPTO Reg. No. 57,456
`Haynes and Boone LLP
`2323 Victory Ave., Suite 700
`Dallas, TX 75219
`Tel: 972-739-8649
`Fax: 972-692-9156
`ipr.theo.foster@haynesboone.com
`
`Michael S. Parsons
`USPTO Reg. No. 58,767
`Haynes and Boone LLP
`2323 Victory Ave., Suite 700
`Dallas, TX 75219
`Tel: 972-739-8611
`Fax: 972-692-9003
`michael.parsons.ipr@haynesboone.com
`
`
`
`
`
`
`
`
`/Peter J. McAndrews/
`Peter J. McAndrews
`Registration No. 38,547
`
`
`
`
`David L. McCombs
`USPTO Reg. No. 32,271
`Haynes and Boone LLP
`2323 Victory Ave., Suite 700
`Dallas, TX 75219
`Tel: 214-651-5533
`Fax: 214-200-0853
`david.mccombs.ipr@haynesboone.com
`
`
`
`
`
`MCANDREWS, HELD & MALLOY
`
`
`
`
`
`
`
`Telephone: 312-775-8000
`
`
`Facsimile: 312-775-8100
`
`
`
`CUSTOMER NUMBER: 23446
`
`
`
`
`
`
`
`
`
`
`
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