`Trials@uspto.gov
`571-272-7822 Entered: June 22, 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 IPR2016-01006 (Patent 7,835,430 B2)1
`IPR2016-01008 (Patent 8,238,412 B2)
`IPR2016-01020 (Patent 9,014,243 B2)
`IPR2016-01021 (Patent 8,718,158 B2)
`____________
`
`
`
`
`
`
`
`
`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. See, IPR2017-00251, IPR2017-00253, IPR2017-00254,
`IPR2017-00255, IPR2017-00417, IPR2017-00418, IPR2017-00419, and
`IPR2017-00420. This Order addresses the same issues in the above listed
`proceedings. Therefore, we issue one Order to be filed in all of the above
`listed proceedings. The parties, however, are not authorized to use this style
`of filing in subsequent papers.
`
`
`
`IPR2016-01008 (Patent 8,238,412 B2)
`IPR2016-01020 (Patent 9,014,243 B2)
`IPR2016-0102 (Patent 8,718,158 B2)
`
`
`Before SALLY C. MEDLEY, KALYAN K. DESHPANDE, and
`TREVOR M. JEFFERSON, Administrative Patent Judges.
`
`
`MEDLEY, Administrative Patent Judge.
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R. § 42.5
`
`
`On June 21, 2017, a conference call was held involving counsel for
`
`the respective parties and Judges Medley, Deshpande, and Jefferson. The
`
`purpose of the conference call was for Patent Owner to seek authorization to
`
`file a motion to strike Petitioner’s Reply and/or to file a sur-reply to
`
`Petitioner’s Reply in each of the above listed proceedings. Patent Owner
`
`opposed.
`
`During the conference call, we explained that Patent Owner is not
`
`authorized to file motions to strike or sur-replies. We did authorize,
`
`however, Patent Owner to file a paper, limited to two pages, which provides
`
`an itemized listing, by page and line number, of what statements and
`
`evidence in the Petitioner’s Reply are deemed by Patent Owner to be beyond
`
`the proper scope of a reply. No argument is to be included in the contents of
`
`the submission. We also authorized Petitioner to file a responsive paper,
`
`limited to two pages, which provides an item-by-item response to the items
`
`listed in Patent Owner’s submission. Each item in Petitioner’s responsive
`
`paper would identify that part of Patent Owner’s Response, by page and line
`
`number, to which the corresponding item complained of by the Patent
`
`Owner is provided as a response, if indeed that is the case. No argument is
`
`to be listed in the contents of the submission.
`
`2
`
`
`
`IPR2016-01008 (Patent 8,238,412 B2)
`IPR2016-01020 (Patent 9,014,243 B2)
`IPR2016-0102 (Patent 8,718,158 B2)
`
`
`Accordingly, it is
`
` ORDERED that Patent Owner’s submission in each of the above
`
`listed proceedings is due on June 27, 2017; and
`
`FURTHER ORDERED that Petitioner’s submission in each of the
`
`above listed proceedings is due on July 3, 2017; and
`
`FURTHER ORDERED that the party responsible for obtaining the
`
`court reporter shall file a copy of the transcript of the conference call as an
`
`exhibit by June 27, 2017.
`
`
`
`CISCO PETITIONER:
`
`David McCombs
`Theo Foster
`Gregory P. Huh
`HAYNES AND BOONE, LLP
`David.mccombs.ipr@haynesboone.com
`Ipr.theo.foster@haynesboone.com
`
`DISH PETITIONER:
`
`Heidi L. Keefe
`Stephen McBride
`COOLEY LLP
`hkeefe@cooley.com
`smcbride@cooley.com
`Dish-TQDelta@cooley.com
`zpatdcdocketing@cooley.com
`
`COMCAST PETITIONER:
`
`John M. Baird
`Christopher Tyson
`DUANE MORRIS LLP
`JMBaird@duanemorris.com
`CJTyson@duanemorris.com
`
`3
`
`
`
`IPR2016-01008 (Patent 8,238,412 B2)
`IPR2016-01020 (Patent 9,014,243 B2)
`IPR2016-0102 (Patent 8,718,158 B2)
`
`
`
`PATENT OWNER:
`
`Peter J. McAndrews
`Thomas J. Wimbiscus
`Scott P. McBride
`Christopher M. Scharff
`MCANDREWS, HELD & MALLOY, LTD.
`pmcandrews@mcandrews-ip.com
`twimbiscus@mcandrews-ip.com
`smcbride@mcandrews-ip.com
`cscharff@mcandrews-ip.com
`
`
`4
`
`
`
`
`
`
`
`
`
`
`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.
`____________
`
`Case IPR2016-010211
`Patent 8,718,158 B2
`____________
`
`
`
`1 DISH Network, L.L.C., who filed a Petition in IPR2017-00255, and
`Comcast Cable Communications, L.L.C., Cox Communications, Inc., Time
`Warner Cable Enterprises L.L.C., Verizon Services Corp., and ARRIS
`Group, Inc., who filed a Petition in IPR2017-00417, have been joined in this
`proceeding.
`
`
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