`571-272-7822
`
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`
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` Paper 40
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`
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` Entered: October 26, 2017
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`CISCO SYSTEMS, INC., DISH NETWORK, LLC,
`COMCAST CABLE COMMUNICATIONS, LLC,
`COX COMMUNICATIONS, INC.,
`TIME WARNER CABLE ENTERPRISES LLC,
`VERIZON SERVICES CORP., and ARRIS GROUP, INC.,
`Petitioner,
`
`v.
`
`TQ DELTA, LLC,
`Patent Owner.
`____________
`
`Cases
`IPR2016-01020 (Patent 9,014,243 B2)
`IPR2016-01021 (Patent 8,718,158 B2)1
`____________
`
`
`Before SALLY C. MEDLEY, TREVOR M. JEFFERSON, and,
`MATTHEW R. CLEMENTS, Administrative Patent Judges.
`
`MEDLEY, Administrative Patent Judge.
`
`
`DECISION
`Dismissing Patent Owner’s Motion for Additional Discovery
`37 C.F.R. §§ 42.51(b)(2) and 42.71(a)
`
`
`
`1 DISH Network, L.L.C., Comcast Cable Communications, L.L.C., Cox
`Communications, Inc., Time Warner Cable Enterprises L.L.C., Verizon
`Services Corp., and ARRIS Group, Inc., have been joined in these
`proceedings.
`
`
`
`IPR2016-01020 (Patent 9,014,243 B2)
`IPR2016-01021 (Patent 8,718,158 B2)
`
`
`TQ Delta, LLC (“Patent Owner”) filed a Motion for Additional
`Discovery in the above identified proceedings. Paper 34 (“”Motion” or
`“Mot.”).2 Cisco Systems, Inc. (“Petitioner”) filed an opposition. Paper 39.
`In each Motion, Patent Owner requests documents identified in Exhibit
`2015. Mot. 1. Exhibit 2015 states the following:
`Patent Owner requests that Petitioner, its expert Dr. Jose Tellado,
`and Petitioner’s IPR counsel produce a copy of each unique
`version of Matlab simulation code and simulation results
`(including any full or partial results) for an 18,000 foot loop,
`including without limitation the simulation code and results that
`Dr. Tellado testified about during his cross-examination on June
`20, 2017. See Ex. 2013 at 45:23–47:18.
`In our Final Written Decisions, entered concurrently with this
`Decision, we determine that we need not consider whether, and to what
`extent, Shively’s proposed system causes clipping. The discovery Patent
`Owner seeks is directed to the parties’ arguments with respect to whether,
`and to what extent, Shively’s proposed system causes clipping. Mot. 2–3.
`The requested discovery is moot in light of our Final Written Decisions.
`Accordingly, it is
`ORDERED that Patent Owner’s Motions for additional discovery in
`the above identified proceedings are dismissed.
`
`
`
`
`
`
`
`2 Citations are to IPR2016-01021.
`
`
`
`2
`
`
`
`IPR2016-01020 (Patent 9,014,243 B2)
`IPR2016-01021 (Patent 8,718,158 B2)
`
`For PETITIONER:
`David L. McCombs
`Theodore M. Foster
`Gregory P. Huh
`HAYNES AND BOONE, LLP
`david.mccombs.ipr@haynesboone.com
`ipr.theo.foster@haynesboone.com
`gregory.huh.ipr@haynesboone.com
`
`
`
`For PATENT OWNER:
`
`Peter J. McAndrews
`Thomas J. Wimbiscus
`Scott P. McBride
`Christopher M. Scharff
`Andrew Karp
`McANDREWS, HELD & MALLOY, LTD.
`pmcandrews@mcandrews-ip.com
`twimbiscus@mcandrews-ip.com
`smcbride@mcandrews-ip.com
`cscharff@mcandrews-ip.com
`akarp@mcandrews-ip.com
`
`
`
`
`
`
`3
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`
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