UNITED STATES PATENT AND TRADEMARK OFFICE
`
`—————————————
`
`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 JAMESON LEE, JONI Y. CHANG, MICHAEL R. ZECHER,
`Administrate Patent Judges.
`
`
`
`
`
`PATENT OWNER PROGRESSIVE’S
`NOTICE OF CROSS-APPEAL
`
`
`
`
`
`—————————————
`
`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 JAMESON LEE, JONI Y. CHANG, MICHAEL R. ZECHER,
`Administrate Patent Judges.
`
`
`
`
`
`PATENT OWNER PROGRESSIVE’S
`NOTICE OF CROSS-APPEAL
`
`
`
`
`
`Case CBM2012-00003
`Patent 8,140,358
`
`
`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
`
`Notice is hereby given, pursuant to 37 C.F.R. § 90.2(a), that Patent Owner
`
`Progressive Casualty Insurance Co. (“Progressive”) hereby cross-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 “Final Written Decision”),
`
`and from all underlying orders, decisions, rulings and opinions, including without
`
`limitation the Decision on Institution of Covered Business Method Review entered
`
`on February 12, 2013 (Paper 15) (the “Institution Decision”). Petitioner Liberty
`
`Mutual Insurance Co. filed a Notice of Appeal on June 03, 2014 (Paper 86).
`
`In accordance with 37 C.F.R. § 90.2(a)(3)(ii), Patent Owner Progressive
`
`further indicates that the issues on cross-appeal include, but are not limited to, the
`
`following: (1) the Patent Trial and Appeal Board’s (“PTAB”) decision to institute a
`
`covered business method review under 37 C.F.R. § 42.208, including whether the
`
`PTAB’s decision exceeded its statutory authority under 35 U.S.C. § 326 through
`
`rulemaking; (2) the PTAB’s determination that it had jurisdiction or authority
`
`under Section 18 of the AIA to review all the claims of U.S. Patent No. 8,140,358
`
`(the “’358 patent”) based on its determination that claim 1 is directed to a covered
`
`business method; (3) the PTAB’s determination that the ’358 Patent is a covered
`
`
`
`1
`
`
`
`Case CBM2012-00003
`Patent 8,140,358
`
`business method patent under 37 C.F.R. § 42.301; (4) the PTAB’s determination of
`
`unpatentability and cancellation of claims 2-18 of the ’358 Patent under 35 U.S.C.
`
`§ 103; (5) the PTAB’s determination that claim 9 is not entitled to the benefit of
`
`the filing date of U.S. Application Serial No. 09/571,650 of May 15, 2000; (6) the
`
`PTAB’s claim constructions; (7) the PTAB’s failure to exclude new evidence and
`
`arguments submitted by Petitioner for the first time in its Reply brief; (8) the denial
`
`of Patent Owner Progressive’s motion to exclude evidence; and (9) any finding or
`
`determination supporting or related to those issues, as well as all other issues
`
`decided adversely to Patent Owner Progressive in any orders, decisions, rulings
`
`and opinions.
`
`In addition to this submission, a copy of this Notice of Cross-Appeal is
`
`being filed with the Patent Trial and Appeal Board and the Clerk’s Office for the
`
`United States Court of Appeals for the Federal Circuit.
`
`
`
`2
`
`
`
`
`
`
`
`
`
`
`
`Respectfully submitted,
`JONES DAY
`By /s/ Calvin P. Griffith
`Calvin P. Griffith
`Reg. No. 34,831
`JONES DAY
`North Point
`901 Lakeside Avenue
`Cleveland, Ohio 44114-1190
`(216) 586-3939
`(216) 579-0212 (Fax)
`Attorney for Patent Owner.
`
`Case CBM2012-00003
`Patent 8,140,358
`
`
`June 17, 2014
`
`
`
`
`
`
`
`3
`
`
`
`CERTIFICATE OF FILING AND SERVICE
`
`Case CBM2012-00003
`Patent 8,140,358
`
`
`I hereby certify that, in addition to being filed electronically through the
`
`Board’s PRPS System, the original version of the foregoing, PATENT OWNER
`
`PROGRESSIVE’S NOTICE OF CROSS-APPEAL, was filed by hand on this 17th
`
`day of June, 2014, with the Director of the United States Patent and Trademark
`
`Office, at the following 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
`
`I further certify that three (3) true and correct copies of the foregoing,
`
`PATENT OWNER PROGRESSIVE’S NOTICE OF CROSS-APPEAL, were filed
`
`by hand on this 17th day of June, 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
`
`I further certify that a true and correct copy of the foregoing, PATENT
`
`OWNER PROGRESSIVE’S NOTICE OF CROSS-APPEAL, was served on June
`
`17, 2014 by causing it to be sent by email to counsel for the Petitioner Liberty
`
`Mutual Insurance Co. at the following email addresses:
`
`
`
`4
`
`
`
`Case CBM2012-00003
`Patent 8,140,358
`
`
`Steven.Baughman@ropesgray.com
`Nicole.Jantzi@ropesgray.com
`James.Myers@ropesgray.com
`LibertyMutualPTABService@ropesgray.com
`
`
`
`
`
`
`
`
`
`Respectfully submitted,
`JONES DAY
`By /s/ John V. Biernacki
`John V. Biernacki
`Reg. No. 40,511
`JONES DAY
`North Point
`901 Lakeside Avenue
`Cleveland, Ohio 44114-1190
`(216) 586-3939
`(216) 579-0212 (Fax)
`Attorney for Patent Owner.
`
`5
`
`
`
`June 17, 2014
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