Filed on behalf of TQ Delta LLC
`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., 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 IPR2016-010061
`Patent No. 7,835,430 B2
`_____________
`
`PATENT OWNER’S OBJECTIONS TO PETITIONERS’
`DEMONSTRATIVES
`
`
`
`
`
`
`
`1 DISH Network, L.L.C., who filed a Petition in IPR2017-00251, 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 IPR2017-00420, have been joined in this proceeding.
`
`
`
`
`
`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., 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 IPR2016-010061
`Patent No. 7,835,430 B2
`_____________
`
`PATENT OWNER’S OBJECTIONS TO PETITIONERS’
`DEMONSTRATIVES
`
`
`
`
`
`
`
`1 DISH Network, L.L.C., who filed a Petition in IPR2017-00251, 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 IPR2017-00420, have been joined in this proceeding.
`
`
`
`
`
`
`Patent Owner’s Objections to Petitioners’ Demonstratives
`IPR2016-01006
`Patent No. 7,835,430
`
`
`Patent Owner TQ Delta, LLC (“Patent Owner”) submits the below
`
`objections to Petitioners’ demonstrative exhibits. A copy of the objected-to
`
`portions of the demonstratives is attached hereto as Exhibit A.
`
`
`
`Slide 5 – The statement “PO Expert, Dr. Short”
`
`is a
`
`mischaracterization of the record, or at the very least misleading, because Dr. Short
`
`is not Patent Owner’s expert in any of IPR2016-01006, -1007, -1008, or -1009
`
`which are the subject of this hearing; he is an expert in an unrelated proceeding and
`
`his cited hearsay testimony is a subject of Patent Owner’s Motion to Exclude.
`
`
`
`Slide 12 – The statement in the heading that “Patent Owner’s expert
`
`admits that ‘power spectral density’ represents ‘power level’” is not supported by
`
`the quoted testimony (i.e., Dr. Chrissan’s testimony that “if you integrated the
`
`power spectral density” then “you would have a measure of power”), because Dr.
`
`Chrissan was not specifically asked, nor did he answer, that power spectral density
`
`“represents” power level.
`
`
`
`Slide 41 – The statement highlighted by Petitioners that “Another
`
`motivation provided in the Petition—also ignored by TQ Delta—was to ‘make
`
`Milbrandt’s system compliant with the ANSI T1.413 standard” misrepresents the
`
`record, because Patent Owner did not ignore that alleged motivation, addressing it
`
`at pages 6 and 30-31 of its Preliminary Response and pages 20-21 of its Response.
`
`
`
`1
`
`
`
`Patent Owner’s Objections to Petitioners’ Demonstratives
`IPR2016-01006
`Patent No. 7,835,430
`
`
`
`
`Slide 5 – Patent Owner maintains its objection to the improper new
`
`Reply argument and evidence cited in this slide (the entirety of the slide), which
`
`was identified in Patent Owner’s Listing of Improper Reply / New Argument and
`
`Evidence (Paper 21).
`
`
`
`Slide 21 – Patent Owner maintains its objection to the improper new
`
`Reply argument and evidence cited in this slide (new expert testimony that “an
`
`array of SNR margin test parameters would in fact represent SNR per
`
`subchannel”), which was identified in Patent Owner’s Listing of Improper Reply /
`
`New Argument and Evidence (Paper 21).
`
`
`
`Slide 33 - Patent Owner maintains its objection to the improper new
`
`Reply argument and evidence cited in this slide (the entire slide regarding
`
`Milbrandt’s alleged inability to “allow for readily assessing system interactions”
`
`by distinguishing different noise sources) which was identified in Patent Owner’s
`
`Listing of Improper Reply / New Argument and Evidence (Paper 21).
`
`
`
`Slide 38 - Patent Owner maintains its objection to the improper new
`
`Reply argument and evidence cited in this slide (new expert testimony that “[a]
`
`POSITA would have understood that the aggregate includes individual values for
`
`each of sub-carriers” and a new figure from new Exhibit 1009), which were
`
`identified in Patent Owner’s Listing of Improper Reply / New Argument and
`
`
`
`2
`
`
`
`Patent Owner’s Objections to Petitioners’ Demonstratives
`IPR2016-01006
`Patent No. 7,835,430
`
`Evidence (Paper 21).
`
`
`
`Slide 42 - Patent Owner maintains its objection to the improper new
`
`Reply argument and evidence cited in this slide (new expert testimony that “a
`
`POSITA would have measured the PSD based on Reverb to understand the
`
`changes over the frequency spectrum (i.e., per subchannel)”, and a new figure from
`
`new Exhibit 1009), which was identified in Patent Owner’s Listing of Improper
`
`Reply / New Argument and Evidence (Paper 21).
`
`
`
`
`
`
`
`Dated: August 1, 2017
`
`
`
`/Peter J. McAndrews/
`
`
`
`
`
`
`
`Peter J. McAndrews
`Registration No. 38,547
`McANDREWS, HELD & MALLOY,
`LTD.
`500 West Madison St., Suite 3400
`Chicago, IL 60661
`Telephone: (312) 775-8000
`
`3
`
`
`
`
`
`
`
`
`Patent Owner’s Objections to Petitioners’ Demonstratives
`IPR2016-01006
`Patent No. 7,835,430
`
`
`CERTIFICATE OF SERVICE
`
`I hereby certify, pursuant to 37 C.F.R. Section 42.6, that a complete copy of
`
`the attached PATENT OWNER’S OBJECTIONS TO PETITIONERS’
`
`DEMONSTRATIVES is being served via electronic mail on August 1, 2017 to
`
`the following:
`
`Lead Counsel
`David L. McCombs
`HAYNES & BOONE, LLP
`2323 Victory Ave., Suite 700
`Dallas, TX 75219
`Tel. 214-651-5533
`Fax 214-200-0853
`david.mccombs.ipr@haynesboone.com
`
`Heidi L. Keefe
`hkeefe@cooley.com
`zpatdcdocketing@cooley.com
`Cooley LLP
`Patent Group
`1299 Pennsylvania Ave., NW, Ste 700
`Washington, DC 20004
`
`John M. Baird
`Duane Morris LLP
`505 9th St. NW, Ste 1000
`Washington, DC 20004
`Tel. 202-776-7819
`
`
`
`
`
`Back-up Counsel
`Theodore M. Foster
`Tel. 972-739-8649
`Gregory P. Huh
`Tel. 972-739-6939
`Russell Emerson
`Tel. 214-651-5328
`HAYNES & BOONE, LLP
`2323 Victory Ave., Suite 700
`Dallas, TX 75219
`Fax 972-692-9156
`ipr.theo.foster@haynesboone.com
`gregory.huh.ipr@haynesboone.com
`russell.emerson.ipr@haynesboone.com
`Stephen McBride
`smcbride@cooley.com
`Cooley LLP
`Patent Group
`1299 Pennsylvania Ave., NW, Ste 700
`Washington, DC 20004
`
`
`Christopher Tyson
`Duane Morris LLP
`505 9th St. NW, Ste 1000
`Washington, DC 20004
`Tel. 202-776-7819
`
`
`
`
`
`Patent Owner’s Objections to Petitioners’ Demonstratives
`IPR2016-01006
`Patent No. 7,835,430
`
`Fax 202-776-7801
`JMBaird@duanemorris.com
`
`Fax 202-776-7801
`CJTyson@duanemorris.com
`
`Dated: August 1, 2017
`
`
`
`
`
`/Peter J. McAndrews/
`
`
`
`
`
`
`
`Peter J. McAndrews
`Registration No. 38,547
`McANDREWS, HELD & MALLOY,
`LTD.
`500 West Madison Street, 34th Floor
`Chicago, Illinois 60661
`Telephone: (312) 775-8000
`
`
`
`
`
`
`
`
`
`
`EXHIBIT A
`
`
`
`EXHIBIT A
`
`
`
`
`
`
`
`
`
`
`
`
`
`Petitioner
`Petitioner
`Cisco Systems, Inc. et al.
`Cisco Systems, Inc. et al.
`
`Case IPR2016-01006 (Patent 7,835,430)
`Case IPR2016-01006 (Patent 7,835,430)
`Case IPR2016-01007 (Patent 8,432,956)
`Case IPR2016-01007 (Patent 8,432,956)
`Case IPR2016-01008 (Patent 8,238,412)
`Case IPR2016-01008 (Patent 8,238,412)
`Case IPR2016-01009 (Patent 8,238,412)
`Case IPR2016-01009 (Patent 8,238,412)
`
`David McCombs
`Theodore Foster
`Gregory Huh
`Haynes and Boone, LLP
`August 3, 2017
`
`1
`
`
`
`Claim Construction – “subchannel”Claim Construction – “subchannel”
`
`PO Expert, Dr. Short
`
`PO Expert, Dr. Chrissan
`
`Ex. 1103, Short Declaration at ¶36. Discussed in:
`IPR2016-1007, Reply at 8; IPR2016-1008, Reply at 8;
`IPR2016-1009, Reply at 8.
`
`Ex. 1110, Chrissan Deposition at 53:20-54:1.
`Discussed in: IPR2016-1007, Reply at 9, 12; IPR2016-
`1008, Reply at 9, 12; IPR2016-1009, Reply at 8, 11.
`
`Petitioner Expert, Dr. Kiaei
`
`Ex. 1100, Kiaei Declaration at ¶6. Discussed in:
`IPR2016-1007, Reply at 8; IPR2016-1008, Reply at 8;
`IPR2016-1009, Reply at 8.
`
`5
`
`
`
`
`Patent Owner’s expert admits that “power spectral Patent Owner’s expert admits that “power spectral
`
`density” represents “power level” density” represents “power level”
`
`PO Expert, Dr. Chrissan
`
`Ex. 1110, Chrissan Deposition at 104:8-15, Discussed in: IPR2016-1007, Reply at 16-17; IPR2016-1008, Reply at 16-17;
`IPR2016-1009, Reply at 15-16.
`
`12
`
`
`
`
`
`ANSI T1.413’s “SNR margin” teaches SNRANSI T1.413’s “SNR margin” teaches SNR
`
`ANSI T1.413
`
`Ex. 1014, ANSI T1.413 at 82. Discussed in: IPR2016-1007, Petition at 44, Reply at 20-22; IPR2016-1008, Petition at 44, Reply at 20-22;
`IPR2016-1009, Petition at 19-47, Reply at 18-19.
`
`Petitioner Expert, Dr. Kiaei
`
`Ex. 1100, Kiaei Declaration at ¶58. Discussed in:
`IPR2016-1007, Reply at 22-23; IPR2016-1008, Reply
`at 22-23; IPR2016-1009, Reply at 19-20..
`
`21
`
`
`
`
`Measuring “idle channel noise” in Milbrandt Measuring “idle channel noise” in Milbrandt
`
`allows for assessing system interactionsallows for assessing system interactions
`
`Petitioner Expert, Dr. Kiaei
`
`Ex. 1100, Kiaei Declaration at ¶88. Discussed in: IPR2016-1006, Reply at 19-20; IPR2016-1009, Reply at 26-27.
`
`33
`
`
`
`
`ANSI T1.413 determines PSD per subchannel ANSI T1.413 determines PSD per subchannel
`
`“based on a Reverb signal”“based on a Reverb signal”
`Petitioner Expert, Dr. Kiaei
`
`Ex. 1100, Kiaei Declaration at ¶34. Discussed in:
`IPR2016-1007, Reply at 28; IPR2016-1008, Reply at
`28; IPR2016-1009, Reply at 30.
`
`Ex. 1100, Kiaei Declaration, ¶39 (citing Ex. 1109, FIG.
`5.6).Discussed in: Reply at 31-32; IPR2016-1008,
`Reply at 31-32; IPR2016-1009, Reply at 33.
`
`38
`
`
`
`
`Determining PSD “based on a Reverb signal” allowsDetermining PSD “based on a Reverb signal” allows
`
`Milbrandt to comply with ANSI T1.413Milbrandt to comply with ANSI T1.413
`
`Milbrandt
`
`Petitioner Expert, Dr. Kiaei
`
`Petitioner’s Reply
`
`Ex. 1011, Milbrandt at 9:31-34. Discussed in:
`IPR2016-1007, Petition at 27, 44, Reply at 26, 32;
`IPR2016-1008, Petition at 26, 43, Reply at 26, 32;
`IPR2016-1009, Petition at 45-46, 57, Reply at 22, 33..
`
`Ex. 1009, Kiaei Declaration at ¶84 (pp. 34-35).
`Discussed in: IPR2016-1007, Petition at 17; IPR2016-
`1008, Petition at 16-17; IPR2016-1009, Petition at 26-
`27.
`
`IPR2016-1007, Reply at 31-32; IPR2016-1008, Reply
`at 31-32; IPR2016-1009, Reply at 33.
`
`41
`
`
`
`
`Determining PSD “based on a Reverb signal” allows forDetermining PSD “based on a Reverb signal” allows for
`
`Milbrandt to comply with ANSI T1.413Milbrandt to comply with ANSI T1.413
`Petitioner Expert, Dr. Kiaei
`
`Ex. 1100, Kiaei Declaration, ¶¶ 39-40 (citing Ex. 1109,
`FIG. 5.6).Discussed in: Reply at 31-32; IPR2016-1008,
`Reply at 31-32; IPR2016-1009, Reply at 33.
`
`42
`
`
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