The actually used a tiny bit of a deposition with two, two question Q and A's just as I predicted. They would try to get a group of questions where they were bad questions that were answered vaguely. Cisco living on a prayer. UOIP will submit a response by 8/31 basically saying this response says nothing and might even ask for the appeal to be dismissed. Cisco would be going to trial by the time they get there with nothing at all.
If you look at the PR's about the first IPR loss from Cisco, it shows that they already tried this defense.
"The PTAB concluded that the term “RF channel” as used in the ‘679 patent “does not include code channels – for example data streams created by CDMA– but instead refers only to frequency bands, such as those created by FDMA.”
Cisco tried the exact same argument in this appeal. I don't think that is going to work out too well for them.
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