IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`802 Systems Inc.,
`
`Plaintiff,
`
`v.
`
`Cisco Systems, Inc.,
`
`Defendant.
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`
`Civil Action No. 2:20-cv-00315-JRG-RSP
`
`Jury Trial Demanded
`
`PLAINTIFF 802 SYSTEMS INC.’S
`DISCLOSURE OF ASSERTED CLAIMS AND INFRINGEMENT CONTENTIONS AND
`IDENTIFICATION OF DOCUMENT PRODUCTION ACCOMPANYING
`DISCLOSURE PURSUANT TO LOCAL PATENT RULES 3-1 AND 3-2
`
`Pursuant to Local Patent Rules 3-1 and 3-2, Plaintiff 802 Systems Inc. (“Plaintiff” or “802
`
`Systems”) makes its Disclosures of Asserted Claims and Infringement Contentions against
`
`Defendant Cisco Systems, Inc. (“Defendant” or “Cisco”) and Identification of Document
`
`Production Accompanying Disclosure.
`
`Based on 802 Systems’s review of publicly available information, 802 Systems presents
`
`these Infringement Contentions reflecting its current analysis of facts presently known to it. To the
`
`best of 802 Systems’s knowledge, information, and belief, formed after an inquiry that is
`
`reasonable under the circumstances, the information contained in this disclosure is complete and
`
`correct.
`
`Rule 3-1:
`
`Disclosure of Asserted Claims and Infringement Contentions
`
`3-1(a) Each claim of each patent in suit that is allegedly infringed by each
`opposing party;
`
`Page 1 of 14
`
`Ex.1011
`CISCO SYSTEMS, INC. / Page 1 of 14
`
`

`

`
`
`Based on the information currently available to it, 802 Systems asserts Claims 1, 2, 3, 4,
`
`11, 12, 13, 14, 15, 16, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 61, 64, and 65 of U.S. Patent No.
`
`7,013,482 (“the ’482 Patent”) as being infringed by Cisco under 35 U.S.C. §§ 271(a) and 217(b).
`
`Based on the information currently available to it, 802 Systems asserts Claims 1, 2, 3, 4, 5,
`
`6, 7, 8, 9, 11, 12, 13, 14, 15, 16, and 17 of U.S. Patent No. 8,458,784 (“the ’784 Patent”) as being
`
`infringed by Cisco under 35 U.S.C. §§ 271(a) and 217(b).
`
`Based on the information currently available to it, 802 Systems asserts Claims 1, 2, 3, 4, 5,
`
`6, 7, 8, 9, 10, 11, 12, 13, 16, 17, and 18 of U.S. Patent No. 7,031,267 (“the ’267 Patent”) as being
`
`infringed by Cisco under 35 U.S.C. §§ 271(a) and 217(b).
`
`Cisco directly infringes the asserted patents under 35 U.S.C. § 271(a) by making, using,
`
`selling, offering to sell, and/or importing the Accused Products and by practicing the method
`
`claims within the United States. Upon information and belief, Cisco uses or has used one or more
`
`of the Accused Products at least in its offices and/or data centers, including at least those located
`
`in this District. Cisco is also liable for indirect infringement under 35 U.S.C. § 271(b) through its
`
`inducement of its customers’ infringement of the asserted patents. Cisco’s customers have
`
`infringed and continue to infringe the Patents-in-Suit by using the Accused Products purchased
`
`from Cisco. Through its product manuals and/or sales and marketing activities, Cisco solicits,
`
`instructs, encourages, and aids and abets its customers to purchase and use the Accused Products
`
`in an infringing way. Cisco has knowledge of the Patents-in-Suit at least as of the filing of this
`
`lawsuit.
`
`Upon information and belief, Cisco has been aware of 802 Systems and/or one or more of
`
`the Patents-in-Suit since before the filing of this lawsuit. The asserted ’482 Patent was cited by the
`
`Examiner during prosecution of U.S. Patent No. 7,266,754 (to Cisco Technology, Inc.) in
`
`
`
`Page 2 of 14
`
`Ex.1011
`CISCO SYSTEMS, INC. / Page 2 of 14
`
`

`

`
`
`connection with a Notice of Allowance dated February 22, 2007. Thereafter, Cisco Technology,
`
`Inc. cited the ’482 Patent in Information Disclosure Statements dated June 13, 2007, submitted in
`
`connection with the prosecution of U.S. Patent Nos. 7,257,840, 7,472,416, and 7,565,694. U.S.
`
`Patent Application Publication No. 2002/0080771 (which is the application that led to the asserted
`
`’267 Patent) was cited by the Examiner and used in an obviousness rejection in an office action
`
`during prosecution of U.S. Patent No. 7,313,635 (to Cisco Technology, Inc.) dated September 30,
`
`2005. Thereafter, Cisco Technology, Inc. cited the same application (U.S. Patent Application
`
`Publication No. 2002/0080771) in an Information Disclosure Statement dated November 3, 2005,
`
`submitted in connection with the prosecution of U.S. Patent No. 7,313,686. The asserted ’267
`
`Patent was cited by the Examiner and used to reject all pending claims as anticipated under 35
`
`U.S.C. § 102(e) in an office action dated October 10, 2006, in connection with the prosecution of
`
`U.S. Patent No. 8,296,452.
`
`Additionally, upon information and belief, Cisco and/or its representatives were aware of
`
`one or more of the Patents-in-Suit at least through the prosecution activities described above.
`
`Cisco’s ongoing actions are with specific intent to cause infringement of one or more claims of
`
`each of the Patents-in-Suit. Further discovery may reveal earlier knowledge of one or more of the
`
`Patents-in-Suit, which would provide additional evidence of Cisco’s specific intent and/or willful
`
`blindness with respect to infringement.
`
`3-1(b) Separately for each asserted claim, each accused apparatus, product,
`device, process, method, act, or other instrumentality (“Accused
`Instrumentality”) of each opposing party of which the party is aware.
`This identification shall be as specific as possible. Each product, device,
`and apparatus must be identified by name or model number, if known.
`Each method or process must be identified by name, if known, or by
`any product, device, or apparatus which, when used, allegedly results
`in the practice of the claimed method or process;
`
`
`
`Page 3 of 14
`
`Ex.1011
`CISCO SYSTEMS, INC. / Page 3 of 14
`
`

`

`
`
`Based on the information currently available to it, 802 Systems accuses each following
`
`apparatus, product, device, or other instrumentality (“Accused Instrumentality”) of Cisco as
`
`infringing one or more claims of the ’482, ’784, and ’267 Patents. Upon information and belief,
`
`each of the following products infringes the claims of the Patents-in-Suit, are components/modules
`
`of an infringing system, and/or practice the claimed methods at least when Cisco’s Nexus Series
`
`Switches are deployed in a data center. Each of the following products is therefore implicated by
`
`802 Systems’s infringement allegations and is therefore accused in this case.
`
`Switch/Model Series
`Cisco Nexus 3000 Switch Series
`Cisco Nexus 3100 Switch Series
`Cisco Nexus 3100 Switch Series
`Cisco Nexus 3100 Switch Series
`Cisco Nexus 3100 Switch Series
`Cisco Nexus 3100 Switch Series
`Cisco Nexus 3100 Switch Series
`Cisco Nexus 3100 Switch Series
`Cisco Nexus 3100-V Switch Series
`Cisco Nexus 3100-V Switch Series
`Cisco Nexus 3100-V Switch Series
`Cisco Nexus 3100-Z Switch Series
`Cisco Nexus 3200 Switch Series
`Cisco Nexus 3200 Switch Series
`Cisco Nexus 3200 Switch Series
`Cisco Nexus 3400 Switch Series
`Cisco Nexus 3400 Switch Series
`Cisco Nexus 3400 Switch Series
`Cisco Nexus 3400 Switch Series
`Cisco Nexus 3500 Switch Series
`Cisco Nexus 3500 Switch Series
`Cisco Nexus 3500 Switch Series
`Cisco Nexus 3500 Switch Series
`Cisco Nexus 3550 Switch Series
`Cisco Nexus 3550 Switch Series
`Cisco Nexus 3550 Switch Series
`Cisco Nexus 3550 Switch Series
`Cisco Nexus 3550 Switch Series
`
`Model Number1
`Nexus 3048
`Nexus 31128PQ
`Nexus 3132Q-X
`Nexus 3132Q-XL
`Nexus 3164Q
`Nexus 3172PQ
`Nexus 3172PQ-XL
`Nexus 3172TQ-XL
`Nexus 31108PC-V
`Nexus 31108TC-V
`Nexus 3132Q-V
`Nexus 3132C-Z
`Nexus 3232C
`Nexus 3264C-E
`Nexus 3264Q
`Nexus 3408-S
`Nexus 34180YC
`Nexus 3432D-S
`Nexus 3464C
`Nexus 3524-X
`Nexus 3524-XL
`Nexus 3548-X
`Nexus 3548-XL
`Nexus 3550-F Fusion HPT
`Nexus 3550-F Fusion L1
`Nexus 3550-F Fusion L2
`Nexus 3550-F Fusion Mux
`Nexus 3550-H Hydra L1-144
`
`
`1 Each model number includes a number of individual product IDs.
`
`
`
`Page 4 of 14
`
`Ex.1011
`CISCO SYSTEMS, INC. / Page 4 of 14
`
`

`

`
`
`
`
`Model Number1
`Switch/Model Series
`Nexus 3550-H Hydra L1-160
`Cisco Nexus 3550 Switch Series
`Nexus 36180YC-R
`Cisco Nexus 3600 Switch Series
`Nexus 3636C-R
`Cisco Nexus 3600 Switch Series
`Cisco Nexus 5500 Switch Series, 1/10 Gbps Platform Nexus 5548P
`Cisco Nexus 5500 Switch Series, 1/10 Gbps Platform Nexus 5548UP
`Cisco Nexus 5500 Switch Series, 1/10 Gbps Platform Nexus 5596T
`Cisco Nexus 5500 Switch Series, 1/10 Gbps Platform Nexus 5596UP
`Cisco Nexus 5600 Switch Series, 10-Gbps Platforms
`Nexus 56128P
`Cisco Nexus 5600 Switch Series, 10-Gbps Platforms
`Nexus 56128P
`Cisco Nexus 5600 Switch Series, 10-Gbps Platforms
`Nexus 5672UP
`Cisco Nexus 5600 Switch Series, 10-Gbps Platforms
`Nexus 5672UP-16G
`Cisco Nexus 5600 Switch Series, 40-Gbps Platforms
`Nexus 5624Q
`Cisco Nexus 5600 Switch Series, 40-Gbps Platforms
`Nexus 5648Q
`Cisco Nexus 5600 Switch Series, 40-Gbps Platforms
`Nexus 5696Q
`Cisco Nexus 5000 Switch Series
`Nexus 5010
`Cisco Nexus 5000 Switch Series
`Nexus 5020
`Cisco Nexus 9200 Switch Series, Nexus 9200
`Nexus 9216YC-X
`1/10/25/40/50/100 GE Switches
`Cisco Nexus 9200 Switch Series, Nexus 9200
`1/10/25/40/50/100 GE Switches
`Cisco Nexus 9200 Switch Series, Nexus 9200
`1/10/25/40/50/100 GE Switches
`Cisco Nexus 9200 Switch Series, Nexus 9200
`1/10/25/40/50/100 GE Switches
`Cisco Nexus 9200 Switch Series, Nexus 9200
`1/10/25/40/50/100 GE Switches
`Cisco Nexus 9200 Switch Series, Nexus 9200
`1/10/25/40/50/100 GE Switches
`Cisco Nexus 9300 Switch Series, Nexus 9300 40/100
`GE Switches
`Cisco Nexus 9300 Switch Series, Nexus 9300 40/100
`GE Switches
`Cisco Nexus 9300 Switch Series, Nexus 9300 40/100
`GE Switches
`Cisco Nexus 9300 Switch Series, Nexus 9300 40/100
`GE Switches
`Cisco Nexus 9300 Switch Series, Nexus 9300
`1/10/25GE Fiber Switches
`Cisco Nexus 9300 Switch Series, Nexus 9300
`1/10/25GE Fiber Switches
`Cisco Nexus 9300 Switch Series, Nexus 9300
`1/10/25GE Fiber Switches
`Cisco Nexus 9300 Switch Series, Nexus 9300
`1/10/25GE Fiber Switches
`
`Nexus 93180YC-FX
`
`Nexus 93180YC-FX3S
`
`Nexus 93240YC-FX2
`
`Page 5 of 14
`
`Nexus 9272Q
`
`Nexus 92304QC
`
`Nexus 9236C
`
`Nexus 92300YC
`
`Nexus 92348GC-X
`
`Nexus 9364C
`
`Nexus 9336C-FX2
`
`Nexus 9332C
`
`Nexus 9364C-GX
`
`Nexus 93180C-EX
`
`Ex.1011
`CISCO SYSTEMS, INC. / Page 5 of 14
`
`

`

`Switch/Model Series
`Cisco Nexus 9300 Switch Series, Nexus 9300
`1/10/25GE Fiber Switches
`Cisco Nexus 9300 Switch Series, Nexus 9300 1/10G
`BaseT Switches
`Cisco Nexus 9300 Switch Series, Nexus 9300 1/10G
`BaseT Switches
`Cisco Nexus 9300 Switch Series, Nexus 9300 1/10G
`BaseT Switches
`Cisco Nexus 9300 Switch Series, Nexus 9300 1/10G
`BaseT Switches
`Cisco Nexus 9300 Switch Series, Nexus 9300 1/10G
`BaseT Switches
`Cisco Nexus 9300 Switch Series, Nexus 9300 400 GE
`Switches
`Cisco Nexus 9300 Switch Series, Nexus 9300 400 GE
`Switches
`Cisco Nexus 9300 Switch Series, Nexus 9300 400 GE
`Switches
`Cisco Nexus 9300 Switch Series, Nexus 9300 400 GE
`Switches
`Cisco Nexus 9500 Switch Series, Nexus 9500 10GE
`Modules
`Cisco Nexus 9500 Switch Series, Nexus 9500 10GE
`Modules
`Cisco Nexus 9500 Switch Series, Nexus 9500 10GE
`Modules
`Cisco Nexus 9500 Switch Series, Nexus 9500 10GE
`Modules
`Cisco Nexus 9500 Switch Series, Nexus 9500 10GE
`Modules
`Cisco Nexus 9500 Switch Series, Nexus 9500 10GE
`Modules
`Cisco Nexus 9500 Switch Series, Nexus 9500 40GE
`Modules
`Cisco Nexus 9500 Switch Series, Nexus 9500 40GE
`Modules
`Cisco Nexus 9500 Switch Series, Nexus 9500 40GE
`Modules
`Cisco Nexus 9500 Switch Series, Nexus 9500 40GE
`Modules
`Cisco Nexus 9500 Switch Series, Nexus 9500 40GE
`Modules
`Cisco Nexus 9500 Switch Series, Nexus 9500 100GE
`Modules
`
`Model Number1
`Nexus 93360YC-FX2
`
`Nexus 93120TX
`
`Nexus 93108T-EX
`
`Nexus 9348GC-FXP
`
`Nexus 93108TC-FX
`
`Nexus 93216TC-FX2
`
`Nexus 9316D-GX
`
`Nexus 93600CD-GX
`
`Nexus 9332D-GX2B
`
`Nexus 9364D-GX2A
`
`N9K-X97160YC-EX
`
`N9K-X9788TC-FX
`
`N9K-X9564PX
`
`N9K-X9464PX
`
`N9K-X9564TX
`
`N9K-X9464TX2
`
`9636PQ
`
`X9636Q-R
`
`9536PQ
`
`9432PQ
`
`9736PQ
`
`N9K-X9736C-FX
`
`
`
`
`
`Page 6 of 14
`
`Ex.1011
`CISCO SYSTEMS, INC. / Page 6 of 14
`
`

`

`
`
`
`
`Model Number1
`N9K-X9732C-EX
`
`N9K-X9732C-FX
`
`N9K-X9736X-EX
`
`N9K-X9636X-RX
`
`Switch/Model Series
`Cisco Nexus 9500 Switch Series, Nexus 9500 100GE
`Modules
`Cisco Nexus 9500 Switch Series, Nexus 9500 100GE
`Modules
`Cisco Nexus 9500 Switch Series, Nexus 9500 100GE
`Modules
`Cisco Nexus 9500 Switch Series, Nexus 9500 100GE
`Modules
`Cisco Nexus 9500 Switch Series, Nexus 9500 100GE
`Modules
`Cisco Nexus 9500 Switch Series, Nexus 9500 100GE
`Modules
`Cisco Nexus 9500 Switch Series, Nexus 9500
`Supervisor
`Cisco Nexus 9500 Switch Series, Nexus 9500
`Supervisor
`Cisco Nexus 9500 Switch Series, Nexus 9500
`Supervisor
`Cisco Nexus 9500 Switch Series, Nexus 9500
`Supervisor
`Cisco Nexus 9500 Switch Series, Nexus 9500 Chassis Nexus 9504
`Cisco Nexus 9500 Switch Series, Nexus 9500 Chassis Nexus 9508
`Cisco Nexus 9500 Switch Series, Nexus 9500 Chassis Nexus 9516
`
`N9K-X9636X-R
`
`N9K-X9432C-S
`
`Supervisor A
`
`Supervisor B
`
`Supervisor A+
`
`Supervisor B+
`
`The above list may include products that are no longer being sold (“End of Life” or “EOL”
`
`Products). However, to the extent these products were made, used, sold, offered for sale, and/or
`
`imported into the United States during the relevant damages period in this case, they are accused
`
`herein.
`
`Additionally, Cisco also makes, uses, sells, offers to sell, and/or imports the Nexus 2000
`
`series fabric extenders, including at least the Nexus 2224TP, 2248TP, 2248TP-E, 2232PP,
`
`2248PQ, 2348UPQ, 2232TM-E, 2232TM-E, 2332TQ, 2348TQ, and 2348TQ-E (some of which,
`
`upon information and belief, are no longer sold) (collectively, “Nexus 2000”). Upon information
`
`and belief, the Nexus 2000 Fabric Extenders are designed to work with and support the Nexus
`
`5000, 6000, and 9000 Series of Switches. Upon further information and belief, the Nexus 2000
`
`
`
`Page 7 of 14
`
`Ex.1011
`CISCO SYSTEMS, INC. / Page 7 of 14
`
`

`

`
`
`supports Cut-Through Forwarding and packet filtering. Accordingly, the Nexus 2000 products are
`
`implicated herein at least as products contributing to damages via convoyed sales.
`
`Further, 802 Systems accuses and seeks discovery as to the identity of any Cisco products
`
`with substantially similar designs to the expressly listed Accused Instrumentalities. Moreover, it
`
`may be that the same underlying products have multiple identification numbers based on, inter
`
`alia, differences in geographic sales locations, customers, or other features that do not affect the
`
`structure and infringement allegations of such products. 802 Systems also seeks discovery
`
`regarding this information and asserts that these products infringe the Asserted Claims for the same
`
`reasons as identified in these contentions.
`
`3-1(c) A chart identifying specifically where each element of each asserted
`claim is found within each Accused Instrumentality, including for each
`element that such party contends is governed by 35 U.S.C. § 112(6), the
`identity of the structure(s), act(s), or material(s) in the Accused
`Instrumentality that performs the claimed function;
`
`Attached hereto are the following charts, which are incorporated by reference as if fully set
`
`forth herein:
`
`Exhibit 1 – Exemplary Chart for the ’482 Patent (Cisco Nexus 3000 series family
`representative)
`
`Exhibit 2 – Exemplary Chart for the ’482 Patent (Cisco Nexus 5000 series family
`representative)
`
`Exhibit 3 – Exemplary Chart for the ’482 Patent (Cisco Nexus 9000 series family
`representative)
`
`Exhibit 4 – Exemplary Chart for the ’784 Patent (Cisco Nexus 3000 series family
`representative)
`
`Exhibit 5 – Exemplary Chart for the ’784 Patent (Cisco Nexus 5000 series family
`representative)
`
`Exhibit 6 – Exemplary Chart for the ’784 Patent (Cisco Nexus 9000 series family
`representative)
`
`
`
`Page 8 of 14
`
`Ex.1011
`CISCO SYSTEMS, INC. / Page 8 of 14
`
`

`

`
`
`Exhibit 7 – Exemplary Chart for the ’267 Patent (Cisco Nexus 3000 series family
`representative)
`
`Exhibit 8 – Exemplary Chart for the ’267 Patent (Cisco Nexus 5000 series family
`representative)
`
`Exhibit 9 – Exemplary Chart for the ’267 Patent (Cisco Nexus 9000 series family
`representative)
`
`The above exemplary charts present 802 Systems’s infringement analysis of a
`
`representative member of each of the 3000, 5000, and 9000 Cisco Nexus families of products.
`
`Upon information and belief, these infringement allegations are applicable to all of the Cisco
`
`Accused Instrumentalities. Although the Accused Instrumentalities differ in certain respects, their
`
`differences do not appear to be relevant with respect to the Asserted Claims of the Patents-in-Suit
`
`or 802 Systems’s infringement allegations, except as noted in the charts (i.e., all Accused
`
`Instrumentalities infringe each of the Asserted Claims in substantially the same way regardless of
`
`other product features).
`
`3-1(d) Whether each element of each asserted claim is claimed to be literally
`present or present under the doctrine of equivalents in the Accused
`Instrumentality;
`
`802 Systems presently contends that the Cisco Accused Instrumentalities literally infringe
`
`the asserted claims of the Patents-in-Suit. Nevertheless, with respect to any claim limitation that
`
`may be found not to be literally infringed, 802 Systems contends in the alternative that the Accused
`
`Instrumentalities infringe such claim limitations under the doctrine of equivalents and that any
`
`element not found to be literally met is equivalently met because any difference between the claim
`
`limitation and the Accused Instrumentality is not a substantial difference. Accordingly, 802
`
`Systems contends that any asserted claim that the Accused Instrumentalities are not found to
`
`infringe literally is nevertheless embodied by the Accused Instrumentalities under the doctrine of
`
`
`
`Page 9 of 14
`
`Ex.1011
`CISCO SYSTEMS, INC. / Page 9 of 14
`
`

`

`
`
`equivalents under an operate doctrine of equivalents test (e.g., function-way-result or insubstantial
`
`differences).
`
`For example, certain claim elements refer to “programmable logic devices” that are
`
`configured to perform certain tasks, such as filtering of packets. 802 Systems contends that the
`
`ASIC in the Nexus products that performs the filtering functions satisfies the claim language
`
`requiring a programmable logic device at least because an ASIC is a logic device whose
`
`functionality is programmed via its design. Nevertheless, to the extent the ASIC in the Nexus
`
`products does not technically constitute a programmable logic device as claimed, the accused
`
`products satisfy the claim elements requiring a programmable logic device under the Doctrine of
`
`Equivalents, because the ASIC performs substantially the same function (i.e., filtering packets to
`
`determine validity/invalidity as described in the claims) in substantially the same way (i.e., using
`
`a designed algorithm to perform the required steps) to achieve substantially the same result (i.e.,
`
`determining whether packets are valid or invalid and permitting or denying forwarding based on
`
`the determination).
`
`3-1(e) For any patent that claims priority to an earlier application, the
`priority date to which each asserted claim allegedly is entitled; and
`
`The ’482 Patent was filed on July 7, 2000 and does not claim priority to any other
`
`applications. Each of the Asserted Claims of the ’482 Patent is entitled to a priority date of July 7,
`
`2000.
`
`The ’784 Patent was filed on September 10, 2010 and claims priority to Patent Application
`
`No. 09/611775, filed July 7, 2000. Each of the Asserted Claims of the ’784 Patent is entitled to a
`
`priority date of July 7, 2000.
`
`
`
`Page 10 of 14
`
`Ex.1011
`CISCO SYSTEMS, INC. / Page 10 of 14
`
`

`

`
`
`The ’267 Patent was filed on December 21, 2000, and does not claim priority to any other
`
`applications. Each of the Asserted Claims of the ’267 Patent is entitled to a priority date of
`
`December 21, 2000.
`
`3-1(f) If a party claiming patent infringement wishes to preserve the right to
`rely, for any purpose, on the assertion that its own apparatus, product,
`device, process, method, act, or other instrumentality practices the
`claimed invention, the party must identify, separately for each asserted
`claim, each such apparatus, product, device, process, method, act, or
`other instrumentality that incorporates or reflects that particular
`claim.
`
`802 Systems does not wish to preserve the right to rely on the assertion that its own
`
`apparatus, product, device, process, method, act, or other instrumentality practices the claimed
`
`invention.
`
`Rule 3-2:
`
`Document Production Accompanying Disclosure
`
`3-2(a) Documents (e.g., contracts, purchase orders, invoices, advertisements,
`marketing materials, offer letters, beta site testing agreements, and
`third party or joint development agreements) sufficient to evidence
`each discussion with, disclosure to, or other manner of providing to a
`third party, or sale of or offer to sell, the claimed invention prior to the
`date of application for the patent in suit. A party’s production of a
`document as required herein shall not constitute an admission that such
`document evidences or is prior art under 35 U.S.C. § 102;
`
`Pursuant to P.R. 3-2(a), 802 Systems identifies documents produced under Bates Numbers
`
`802vCISCO-000110–211. Please note, that certain documents may bear a “CONFIDENTIAL”
`
`designation and should be treated as such. Pursuant to the terms of this Court’s Sample Protective
`
`Order for Patent Cases, “[a]ny document produced under Patent Rules 2-2, 3-2, and/or 3-4 before
`
`issuance of this Order with the designation ‘Confidential’ or ‘Confidential - Outside Attorneys’ Eyes
`
`Only’ shall receive the same treatment as if designated ‘RESTRICTED - ATTORNEYS’ EYES
`
`ONLY’ under this Order, unless and until such document is redesignated to have a different
`
`classification under this Order.” 802 Systems is continuing to search for relevant, non-privileged
`
`
`
`Page 11 of 14
`
`Ex.1011
`CISCO SYSTEMS, INC. / Page 11 of 14
`
`

`

`
`
`documents responsive to this category and will supplement its production pursuant to Federal Rule
`
`of Civil Procedure 26(e) if necessary.
`
`3-2(b) All documents evidencing the conception, reduction to practice, design,
`and development of each claimed invention, which were created on or
`before the date of application for the patent in suit or the priority date
`identified pursuant to P.R. 3-1(e), whichever is earlier; and
`
`Pursuant to P.R. 3-2(b), 802 Systems identifies documents produced under Bates Numbers
`
`802vCISCO-000128–3535. Please note, that certain documents may bear a “CONFIDENTIAL”
`
`designation and should be treated as such. Pursuant to the terms of this Court’s Sample Protective
`
`Order for Patent Cases, “[a]ny document produced under Patent Rules 2-2, 3-2, and/or 3-4 before
`
`issuance of this Order with the designation ‘Confidential’ or ‘Confidential - Outside Attorneys’ Eyes
`
`Only’ shall receive the same treatment as if designated ‘RESTRICTED - ATTORNEYS’ EYES
`
`ONLY’ under this Order, unless and until such document is redesignated to have a different
`
`classification under this Order.” 802 Systems is continuing to search for relevant, non-privileged
`
`documents responsive to this category and will supplement its production pursuant to Federal Rule
`
`of Civil Procedure 26(e) if necessary.
`
`3-2(c) A copy of the file history for each patent in suit.
`
`Pursuant to P.R. 3-2(c), copies of the file histories of the Patents-in-Suit, as well as the
`
`Patents-in-Suit themselves, are produced under Bates Numbers 802vCISCO-000001–109 and
`
`802vCISCO-003536–4779.
`
`
`
`
`
`
`
`
`
`Page 12 of 14
`
`Ex.1011
`CISCO SYSTEMS, INC. / Page 12 of 14
`
`

`

`
`
`Dated: January 6, 2021
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Respectfully submitted,
`
`
`
`
`___________________________
`ERIC M. ALBRITTON
`STATE BAR NO. 00790215
`SHAWN LATCHFORD
`STATE BAR NO. 24066603
`NELSON BUMGARDNER ALBRITTON PC
`204 North Fredonia Street
`Longview, Texas 75601
`903.757.8449 (telephone)
`903.758.7397 (facsimile)
`ema@nbafirm.com
`shawn@nbafirm.com
`
`BRENT N. BUMGARDNER
`STATE BAR NO. 00795272
`ANDREW J. WRIGHT
`STATE BAR NO. 24063927
`BRIAN P. HERRMANN
`STATE BAR NO. 24083174
`NELSON BUMGARDNER ALBRITTON PC
`3131 West 7th Street, Suite 300
`Fort Worth, Texas 76107
`817.377.9111 (telephone)
`903.758.7397 (facsimile)
`brent@nbafirm.com
`andrew@nbafirm.com
`brian@nbafirm.com
`
`COUNSEL FOR PLAINTIFF
`802 SYSTEMS INC.
`
`Page 13 of 14
`
`Ex.1011
`CISCO SYSTEMS, INC. / Page 13 of 14
`
`

`

`
`
`
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that a true and correct copy of the above and foregoing document has been
`
`delivered to all counsel of record on this the 6th day of January, 2021.
`
`
`
`
`
`___________________________
`Eric M. Albritton
`
`
`
`Page 14 of 14
`
`Ex.1011
`CISCO SYSTEMS, INC. / Page 14 of 14
`
`