`______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`______________
`
`LIBERTY MUTUAL INSURANCE CO.
`Petitioner
`
`v.
`
`PROGRESSIVE CASUALTY INSURANCE CO.
`Patent Owner
`______________
`
`Case CBM2012-00003
`Patent 8,140,358
`______________
`
`Before the Honorable JAMESON LEE, JONI Y. CHANG, and MICHAEL R.
`ZECHER, Administrative Patent Judges.
`
`PETITIONER LIBERTY MUTUAL INSURANCE CO.’S NOTICE OF
`APPEAL
`
`
`
`Case CBM2012-00003
`Patent 8,140,358
`Pursuant to 37 C.F.R. § 90.2(a), notice is hereby given that Petitioner Liberty
`
`Mutual Insurance Co. (“Liberty”) appeals to the United States Court of Appeals for
`
`the Federal Circuit from the Final Written Decision entered on February 11, 2014
`
`(Paper 78), the Decision on Request for Rehearing entered on April 1, 2014 (Paper
`
`85), and from all underlying orders, decisions, rulings, and opinions.
`
`In accordance with 37 C.F.R. § 90.2(a)(3)(ii), Liberty further indicates that the
`
`issues on appeal include, but are not limited to, the following: the Patent Trial and
`
`Appeal Board (“PTAB”)’s determination that Liberty did not prove by a
`
`preponderance of the evidence that claims 1, 19, and 20 of U.S. Patent No. 8,140,358
`
`(“the ’358 Patent”) are unpatentable; the PTAB’s determination that claims 1, 19, and
`
`20 of the ’358 Patent are entitled to an effective filing date of May 15, 2000; and the
`
`PTAB’s denial of Liberty’s Motion to Exclude Evidence (Paper 55).
`
`Simultaneous with this submission, a copy of this Notice of Appeal is being
`
`filed with the PTAB through the Patent Review Processing System (“PRPS”). In
`
`addition, three copies of the Notice of Appeal, along with the required docketing fee,
`
`are being filed with the Clerk’s office for the United States Court of Appeals for the
`
`1
`
`Federal Circuit.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Respectfully submitted,
`
`Case CBM2012-00003
`Patent 8,140,358
`
`
`ROPES & GRAY LLP
`
`
`
`
`
`
`By /J. Steven Baughman/
`J. Steven Baughman, Lead Counsel
`James R. Myers (pro hac vice), Back-up Counsel
`Nicole M. Jantzi
`ROPES & GRAY LLP
`700 12th St. NW, Suite 900
`Washington, DC 20005
`Steven.baughman@ropesgray.com
`James.myers@ropesgray.com
`Nicole.jantzi@ropesgray.com
`
`Attorneys for Petitioner Liberty Mutual Insurance Co.
`
`Mailing address for all PTAB correspondence:
`ROPES & GRAY LLP
`IPRM – Floor 43
`Prudential Tower
`800 Boylston Street
`Boston, Massachusetts 02199-3600
`
`June 3, 2014
`
`
`
`2
`
`
`
`Case CBM2012-00003
`Patent 8,140,358
`
`CERTIFICATE OF FILING
`It is certified that, in addition to being filed electronically through the PRPS
`
`
`
`System,
`
`the original version of PETITIONER LIBERTY MUTUAL
`
`INSURANCE CO.’S NOTICE OF APPEAL has been filed by hand on June 3,
`
`2014, with the Director of the United States Patent and Trademark Office, at the fol-
`
`lowing address:
`
`Director of the United States Patent and Trademark Office
`c/o Office of the General Counsel Madison Building East, 10B20
`600 Dulany Street
`Alexandria, VA 22314-5793
`
`CERTIFICATE OF FILING
`It is certified that three (3) true and correct copies of of PETITIONER
`
`
`
`
`
`LIBERTY MUTUAL INSURANCE CO.’S NOTICE OF APPEAL have been
`
`filed by hand on June 3, 2014, with the Clerk’s Office of the United States Court of
`
`Appeals for the Federal Circuit, at the following address:
`
`United States Court of Appeals for the Federal Circuit
`717 Madison Place, N.W., Suite 401
`Washington, DC 20005
`
`
`3
`
`
`
`
`
`
`
`Case CBM2012-00003
`Patent 8,140,358
`
`CERTIFICATE OF SERVICE
`It is certified that a copy of PETITIONER LIBERTY MUTUAL
`
`
`
`INSURANCE CO.’S NOTICE OF APPEAL has been served in its entirety on the
`
`Patent Owner as provided in 37 CFR § 42.6.
`
`The copy has been served on June 3, 2014 by causing the aforementioned doc-
`
`ument to be electronically mailed to:
`
`Calvin P. Griffith, at: cpgriffith@jonesday.com
`
`James L. Wamsley, III at: jlwamsleyiii@jonesday.com
`
`John V. Biernacki at: jvbiernacki@jonesday.com
`
`pursuant to the Petitioner and Patent Owner’s agreement.
`
`
`
`
`
`
`
`
`/Jordan M. Rossen/
`Jordan M. Rossen
`
`
`ROPES & GRAY LLP
`
`4
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