from the United States Patent and Trademark Office, Patent
Trial and Appeal Board in Nos. IPR2016-01466, IPR2016-01160.
Theodore M. Foster, Haynes & Boone, LLP, Dallas, TX,
argued for appellant Cisco Systems, Inc. Also represented by
David L. McCombs, Debra Janece McComas.
Gresham, Thomas Horstemeyer LLP, Atlanta, GA, argued for
appellant ARRIS Group, Inc. Also represented by Charles
Griggers, Wesley Austin Roberts.
Rajendra A. Chiplunkar, McAndrews, Held & Malloy, Ltd.,
Chicago, IL, argued for appellee. Also represented by Peter
Newman, Linn, and Wallach, Circuit Judges.
Wallach, Circuit Judge.
instant appeal is the companion to concurrently issuing
appeal No. 2018-1799, where we determined that claims 6, 11,
16, and 20 of Appellee TQ Delta, LLC's ("TQ
Delta") U.S. Patent No. 8, 611, 404 ("the '404
patent") are unpatentable as obvious over the same
combination of prior art analyzed in this appeal. See TQ
Delta, LLC v. Dish Network, LLC, No. 2018-1799, slip op.
19 (Fed. Cir. July 10, 2019). We presume familiarity with our
opinion in related appeal, which recites the same technology
and illustrative claim as in the instant appeal, and we,
therefore, recite only that which is necessary to understand
the issues on appeal here. See TQ Delta, slip op.
2-4, Appellant Cisco Systems, Inc. ("Cisco") sought
inter partes review ("IPR") with the U.S. Patent
and Trademark Office ("USPTO") of claims 6, 10, 11,
15, 16, and 20 of the '404 patent. Appellant ARRIS Group,
Inc. ("Arris") also filed a petition for IPR of
claims 1-20 of the '404 patent. In both the Cisco and
Arris (collectively, "Appellants") IPRs, the
USPTO's Patent Trial and Appeal Board ("PTAB")
issued final written decisions finding, inter alia, that the
claims were not unpatentable over a combination of the prior
art. See Arris Grp., Inc. v. TQ Delta, LLC, No.
IPR2016-01160, 2017 WL 6398317, at *7 (P.T.A.B. Dec. 13,
2017); ARRIS Grp., Inc. v. TQ Delta, LLC, No.
IPR2016-01160, 2018 WL 1176779, at *3 (P.T.A.B. Mar. 5, 2018)
(denying rehearing); see also Cisco Sys., Inc. v. TQ
Delta, LLC., IPR No. 2016-01466 (P.T.A.B. Feb. 7, 2018)
(J.A. 1- 16).
appeal. Because we have already determined that claims 6, 11,
16, and 20 of the '404 patent would have been obvious,
see TQ Delta, slip op. at 19, the issue of
patentability of these claims is mooted in this appeal,
see ArcelorMittal v. AK Steel Corp., 856 F.3d 1365,
1370 (Fed. Cir. 2017) ("A case becomes moot-and
therefore no longer a Case or Controversy for purposes of
Article III-when the issues presented are no longer live or
the parties lack a legally cognizable interest in the
outcome." (internal quotation marks omitted) (citing
Already, LLC v. Nike, Inc., 568 U.S. 85, 91
(2013))). The remaining claims being challenged on appeal are
the patentability of claims 1-5, 7-10, 12-15, and 17-19
("the Challenged Claims"). We have jurisdiction
pursuant to 28 U.S.C. § 1295(a)(4)(A) (2012). We vacate
"Multicarrier Transmission System with Low Power Sleep
Mode and Rapid-On Capability," the '404 patent
relates to the field of "multicarrier transmission
systems." '404 patent col. 1 l. 31. Relevant here,
the exact term "synchronization signal" appears
only in the claims. See id. col. 10 l. 6-col. 12 l.
6. However, the specification describes a "synchronizing
pilot tone 62a," id. col. 7 l. 15, and
refers to it as "a timing reference signal,"
id. col. 5 ll. 38-39. The specification similarly
describes using the "timing reference signal" for
"synchronization" as well as other types of timing
signals. See id. col. 5 ll. 39-45 (describing the
"timing reference signal" being "synchronized
with the Master Clock in the transmitter" and explaining
that "[o]ther forms of timing signal[s] may, of course,
claim 6 is illustrative and recites in relevant
An apparatus comprising a transceiver operable to . . .
receive, in the full power mode, a synchronization
signal; . . . [and] receive, in the low power mode, a
synchronization signal; and exit from the low power
and restore the full power mode by using the at least one
parameter and without needing to reinitialize the
Id. col. 10 ll. 29-43 (emphases added).