Case CBM2012-00005
`Patent 6,675,151
`Attorney Docket No. FPT-L6
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`CRS ADVANCED TECHNOLOGIES, INC.
`
`Petitioner
`
`v.
`
`Patent of FRONTLINE TECHNOLOGIES, INC.
`
`Patent Owner
`
`Case CBM2012-00005
`
`Patent 6,675,151
`
`PATENT OWNER FRONTLINE TECHNOLOGIES, INC.'S
`NOTICE OF APPEAL
`
`1
`
`
`Patent 6,675,151
`Attorney Docket No. FPT-L6
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`CRS ADVANCED TECHNOLOGIES, INC.
`
`Petitioner
`
`v.
`
`Patent of FRONTLINE TECHNOLOGIES, INC.
`
`Patent Owner
`
`Case CBM2012-00005
`
`Patent 6,675,151
`
`PATENT OWNER FRONTLINE TECHNOLOGIES, INC.'S
`NOTICE OF APPEAL
`
`1
`
`
`
`Case CBM2012-00005
`Patent 6,675,151
`Attorney Docket No. FPT-L6
`
`Director of the United States Patent and Trademark Office
`c/o Office of the General Counsel
`Madison Building East, 1 OB20
`600 Dulany Street
`Alexandria, VA 22314-5793
`
`Notice is hereby given, pursuant to 37 C.F.R. § 90.2(a), that Patent
`
`Owner Frontline Technologies, Inc. ("Frontline") hereby appeals to the
`
`United States Court of Appeals for the Federal Circuit from the Final
`
`Written Decision entered on January 21, 2014 (Paper 66), and from all
`
`underlying orders, decisions, rulings and opinions, including without
`
`limitation the Decision on Institution of Covered Business Method Review
`
`entered on January 23, 2013 (Paper 17) and the Order on Rehearing entered
`
`on February 19, 2013 (Paper 34).
`
`In accordance with 37 C.P.R. § 90.2(a)(3)(ii), Patent Owner Frontline
`
`further indicates that the issues on appeal include, but are not limited to, the
`
`Patent Trial and Appeal Board's application and use of the broadest
`
`reasonable interpretation standard, claim construction, determination of
`
`unpatentability of claims 3, 6, 7, 16, 24, and 33 of Frontline's U.S. Patent
`
`No. 6,675,151 ("'151 patent") under 35 U.S.C. § 101, determination that the
`
`'151 patent is a covered business method patent and is not a technological
`
`2
`
`
`
`Case CBM2012-00005
`Patent 6,675,151
`Attorney Docket No. FPT-L6
`
`invention, determination that CRS had standing to institute this proceeding,
`
`determination that 35 U.S.C. § 101 is a permissible basis for review, and any
`
`finding or determination supporting or related to those issues, as well as all
`
`other issues decided adversely to Patent Owner Frontline in any orders,
`
`decisions, rulings and opinions. Patent Owner Frontline also hereby appeals
`
`the United States Patent and Trademark Office exceeding its statutory
`
`authority through rulemaking, including without limitation by adopting Rule
`
`37 C.P.R. 42.304(b)(2) and Rules of Practice, 77 Fed. Reg. 48,680, 48,684
`
`(Aug. 14, 2012), expanding the ground for review to include 35 U.S.C. §
`
`101, contrary to statutory requirements of 35 U.S.C. § 282(b)(2)-(3).
`
`Simultaneous with submission of this original Notice of Appeal to the
`
`Director of the United States Patent and Trademark Office, this Notice of
`
`Appeal is being filed with the Patent Trial and Appeal Board. In addition,
`
`three copies of this Notice of Appeal, along with the required docketing fees,
`
`are being filed with the Clerk's Office for the United States Court of Appeals
`
`for the Federal Circuit.
`
`Respectfully submitted,
`
`Dated: March 24, 2014
`
`
`
`Case CBM2012-00005
`Patent 6,675,151
`Attorney Docket No. FPT-L6
`
`John P. Donohue, Jr.
`Reg. No. 29,916
`Baker & Hostetler, LLP
`Cira Centre- 12th Floor
`2929 Arch Street
`Philadelphia, PA 19103
`Phone: 215.568.3100
`Fax: 215.568.3439
`Email: donohue@woodcock.com
`
`R. Scott Tewes
`Tewes Law Group LLC
`Sugarloaf Corporate Center
`2180 Satellite Blvd., Suite 400
`Duluth, GA 30097
`Phone: 678.382.0388
`Fax: 678.382.0389
`Email: STewes@TewesLaw.com
`
`Attorneys for Patent Owner Frontline
`Technologies, Inc.
`
`4
`
`
`
`Case CBM2012-00005
`Patent 6,675,151
`Attorney Docket No. FPT -L6
`
`CERTIFICATE OF FILING
`
`I hereby certify that, in addition to being filed electronically through
`the Patent Trial and Appeal Board's PRPS System, the original version of
`the foregoing, PATENT OWNER FRONTLINE' S NOTICE OF APPEAL,
`was filed by hand on this 24th day of March, 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
`
`CERTIFICATE OF FILING
`
`I hereby certify that three (3) true and correct copies of the foregoing,
`PATENT OWNER FRONTLINE'S NOTICE OF APPEAL, were filed by
`hand on this 24th day of March, 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
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that a true and correct copy of the foregoing,
`PATENT OWNER FRONTLINE'S NOTICE OF APPEAL, are being
`served, in accordance with the parties' electronic service agreement, by
`electronic mail on this 24th day of March, 2014, on the following counsel
`for the Petitioner:
`
`E. Robert Yoches, Esq. (Reg. No. 30,120)
`Aaron J. Capron, Esq. (Reg. No. 56, 170)
`Darrel C. Karl, Esq.
`
`5
`
`
`
`Case CBM20 12-00005
`Patent 6,675,151
`Attorney Docket No. FPT-L6
`
`FINNEGAN, HENDERSON, FARABOW,
`GARRETT & DUNNER, LLP
`901 New York Avenue, N.W.
`Washington, D.C. 20001-4413
`Phone: (202) 408-4000
`bob. yoches @finnegan. com
`aaron. capron @finnegan. com
`darrel.karl@finnegan.com
`
`Dated: March 24, 2014
`
`John P. Donohue, Jr., Reg. No. 29,916
`Baker & Hostetler, LLP
`Cira Centre - 12th Floor
`2929 Arch Street
`Philadelphia, P A 19103
`Phone: 215.568.3100
`Fax: 215.568.3439
`Email: dono hue @woodcock. com
`
`R. Scott Tewes
`Tewes Law Group LLC
`Sugarloaf Corporate Center
`2180 Satellite Blvd., Suite 400
`Duluth, GA 30097
`Phone: 678.382.0388
`Fax: 678.382.0389
`Email: STewes@TewesLaw.com
`
`Attorneys for Patent Owner Frontline
`Technologies, Inc.
`
`6
`
`
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