`Filed: October 18, 2018
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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`ZTE (USA) INC.,
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`Petitioner
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`v.
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`FUNDAMENTAL INNOVATION SYSTEMS INTERNATIONAL LLC,
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`Patent Owner
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`PETITIONER’S RESPONSE TO ORDER TO SHOW CAUSE
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`Case No. IPR2018-00274
`Patent 7,834,586 B2
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`Before BRYAN F. MOORE, JON B. TORNQUIST, AND
`ARTHUR M. PESLAK, Administrative Patent Judges
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`IPR2018-00274
`Response to Order to Show Cause
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`On October 15, 2018, the Board issued an Order for Petitioner ZTE (USA)
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`Inc. (“ZTE”) to show cause why the Board should not expunge Petitioner’s
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`Request for Rehearing filed on October 10, 2018 as not timely (Paper No. 19).
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`Petitioner asserts that it timely filed a Request for Rehearing in this case on
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`September 28, 2018, and that any delay in filing was due to an inadvertent filing
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`error. Petitioner filed a Request for Rehearing in this case via the E2E filing portal
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`on September 28, 2018 and received an automated filing confirmation indicating
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`that “[a] Rehearing Request has been filed.” McMahon Dec. ¶¶ 4-6; Ex. A. That
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`same day, shortly after filing, Petitioner served a copy of the Request for
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`Rehearing on Patent Owner’s counsel. McMahon Dec. ¶¶ 7-8; Ex. B. Petitioner’s
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`counsel subsequently received a telephone message from the Board indicating that
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`the filing was missing an attachment. McMahon Dec. ¶ 9. As a result, on October
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`10, 2018, Petitioner re-filed the Request for Rehearing, originally submitted on
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`September 28, 2018. McMahon Dec. ¶¶ 10-11; Ex. C. The Request for Rearing
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`filed on October 10, 2018 is identical to the Request for Rehearing filed and served
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`on September 28, 2018, with the exception of an updated caption indicating the
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`original submission date. McMahon Dec. ¶¶ 12-14; Ex. D; Ex. E.
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`Accordingly, Petitioner asserts that its Request for Rehearing in this case
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`was timely filed and respectfully requests the Board’s acceptance thereof.
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`2
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`IPR2018-00274
`Response to Order to Show Cause
`October 18, 2018
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`Respectfully Submitted,
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`/Charles M. McMahon/____
`Charles M. McMahon (Reg. No. 44,926)
`cmcmahon@mwe.com
`Brian A. Jones (Reg. No. 68,770)
`bajones@mwe.com
`Thomas M. DaMario (Reg. No. 77,142)
`tdamario@mwe.com
`McDermott Will & Emery
`444 West Lake Street, Suite 4000
`Chicago, IL 60606-0029
`T: 312-372-2000
`F: 312-984-7700
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`Attorneys for Petitioner ZTE (USA) Inc.
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`3
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`IPR2018-00274
`Response to Order to Show Cause
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`CERTIFICATE OF SERVICE
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`I certify that I sent a copy of Petitioner’s Response to Order to Show Cause
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`on October 18, 2018 to:
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`Hong Annita Zhong at hzhong@irell.com;
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`Michael Fleming at mfleming@irell.com;
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`Jason Sheasby at jsheasby@irell.com;
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`James Milkey at jmilkey@irell.com; and
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`Patent Owner’s e-mail distribution list at FundamentalIPRs@irell.com
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`/Charles M. McMahon/
`Charles M. McMahon
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`4
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