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Case 4:16-cv-01730-YGR Document 96-5 Filed 02/08/18 Page 1 of 6
`Case 4:16—cv-01730-YGR Document 96-5 Filed 02/08/18 Page 1 of 6
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` EXHIBIT 5
`
`EXHIBIT 5
`
`

`

`Case 4:16-cv-01730-YGR Document 96-5 Filed 02/08/18 Page 2 of 6
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`
`
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`IPR2016-01158
`U.S. Pat. No. 8,473,552
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`__________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`__________________________________________________________________
`
`FACEBOOK, INC.
`Petitioner
`
`v.
`
`
`WINDY CITY INNOVATIONS, LLC
`Patent Owner
`
`
`
`
`
`U.S. Pat. No. 8,473,552
`Issue Date: June 25, 2013
`Title: COMMUNICATIONS SYSTEM
`__________________________________________________________________
`
`PATENT OWNER’S NOTICE OF APPEAL
`
`Case No. IPR2016-01158
`__________________________________________________________________
`
`
`

`

`Case 4:16-cv-01730-YGR Document 96-5 Filed 02/08/18 Page 3 of 6
`
`
`
`
`IPR2016-01158
`U.S. Pat. No. 8,473,552
`
`
`
`
`
`
`
`
`
`
`
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`Pursuant to 35 U.S.C. §§ 141 and 142 and 37 C.F.R. §§ 90.2 and 90.3,
`
`Patent Owner Windy City Innovations, LLC hereby provides notice that it appeals
`
`to the United States Court of Appeals for the Federal Circuit from the Final
`
`Written Decision entered December 6, 2017 (Paper 47) and from all underlying
`
`orders, decisions, rulings, and opinions regarding U.S. Patent No. 8,473,552 (the
`
`“’552 patent”) in Case No. IPR2016-01158. This notice is timely under 37 C.F.R.
`
`§ 90.3, having been filed within 63 days after the date of the Final Written
`
`Decision.
`
`
`
`For the limited purpose of providing the Director with the information
`
`requested in 37 C.F.R. § 90.2(a)(3)(ii), Patent Owner anticipates that the issues on
`
`appeal may include, but are not limited to: the Board’s claim constructions, its
`
`application of those constructions, its obviousness determinations including that
`
`claims 2, 3, 5, 7, 10–17, 59, and 64 of the ’552 patent are unpatentable under 35
`
`U.S.C. § 103; the findings, rulings and conclusions supporting or relating to those
`
`determinations, and any other issues decided adversely to Patent Owner in any
`
`orders, decisions, rulings, or opinions in IPR2016-01158.
`
`
`
`Simultaneous with this submission, three (3) copies of this Notice of Appeal
`
`are being filed with the Clerk of the United States Court of Appeals for the Federal
`
`Circuit and being submitted electronically through the Court’s CM/ECF system,
`
`together with the requisite fee in the amount of $500. In addition, a copy of this
`
`1
`
`

`

`Case 4:16-cv-01730-YGR Document 96-5 Filed 02/08/18 Page 4 of 6
`
`
`
`
`IPR2016-01158
`U.S. Pat. No. 8,473,552
`
`
`
`
`Notice of Appeal is being filed with the Patent Trial and Appeal Board and served
`
`
`
`
`
`
`
`upon counsel of record for Facebook, Inc.
`
`
`
`
`
`Dated: February 7, 2018
`
`
`
`
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`
`
`
`
`
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`
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`
`
`
`Respectfully submitted,
`
`/Vincent J. Rubino, III/
`
`Vincent J. Rubino, III (Reg. No. 68,594)
`Lead Counsel for Patent Owner
`Brown Rudnick LLP
`7 Times Square
`New York, NY 10036
`Tel: 212-209-4800
`Fax: 212-209-4801
`Email: vrubino@brownrudnick.com
`
`Alfred R. Fabricant (admitted pro hac vice)
`Peter Lambrianakos (Reg. No. 58,279)
`Shahar Harel (Reg. No. 73,203)
`Enrique Iturralde (Reg. No. 72,883)
`Back-Up Counsel for Patent Owner
`Brown Rudnick LLP
`7 Times Square
`New York, NY 10036
`Tel: 212-209-4800
`Fax: 212-209-4801
`
`2
`
`

`

`Case 4:16-cv-01730-YGR Document 96-5 Filed 02/08/18 Page 5 of 6
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`
`
`
`IPR2016-01158
`U.S. Pat. No. 8,473,552
`
`
`
`
`
`
`
`CERTIFICATE OF SERVICE
`
`Pursuant to 37 CFR § 42.6(e)(4) and 37 C.F.R. § 90.2(a)(3)(ii), the
`
`
`
`
`
`
`
`undersigned certifies that on February 7, 2018, a true and correct copy of the
`
`foregoing the PATENT OWNER’S NOTICE OF APPEAL was served via email
`
`on the Petitioner by serving the correspondence email addresses of record below:
`
`By Email:
`
`Heidi L. Keefe (Reg. No. 40,673)
`hkeefe@cooley.com
`zpatdcdocketing@cooley.com
`COOLEY LLP
`ATTN: Patent Group
`1299 Pennsylvania Ave., NW, Suite 700
`Washington, DC 20004
`
`By Email:
`
`Andrew C. Mace (Reg. No. 63,342)
`amace@cooley.com
`zpatdcdocketing@cooley.com
`COOLEY LLP
`ATTN: Patent Group
`1299 Pennsylvania Ave., NW, Suite 700
`Washington, DC 20004
`
`
`Dated: February 7, 2018
`
`
`
`
`
`
`By Email:
`
`Phillip E. Morton (Reg. No. 57,835)
`pmorton@cooley.com
`zpatdcdocketing@cooley.com
`COOLEY LLP
`ATTN: Patent Group
`1299 Pennsylvania Ave., NW, Suite 700
`Washington D.C. 20004
`
`By Email:
`
`Daniel J. Knauss (Reg. No. 56,393)
`dknauss@cooley.com
`zpatdcdocketing@cooley.com
`COOLEY LLP
`ATTN: Patent Group
`1299 Pennsylvania Ave., NW, Suite 700
`Washington, DC 20004
`
`
`
`
`
`
`/Vincent J. Rubino, III/
`
`Vincent J. Rubino, III (Reg. No. 68,594)
`Lead Counsel for Patent Owner
`Brown Rudnick LLP
`7 Times Square
`New York, NY 10036
`Tel: 212-209-4800
`
`
`
`
`
`

`

`Case 4:16-cv-01730-YGR Document 96-5 Filed 02/08/18 Page 6 of 6
`
`
`
`
`IPR2016-01158
`U.S. Pat. No. 8,473,552
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Fax: 212-209-4801
`Email: vrubino@brownrudnick.com
`
`Alfred R. Fabricant (admitted pro hac vice)
`Peter Lambrianakos (Reg. No. 58,279)
`Shahar Harel (Reg. No. 73,203)
`Enrique Iturralde (Reg. No. 72,883)
`Back-Up Counsel for Patent Owner
`Brown Rudnick LLP
`7 Times Square
`New York, NY 10036
`Tel: 212-209-4800
`Fax: 212-209-4801
`
`
`
`
`
`
`
`
`
`
`
`
`

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