`
`Filed on behalf of Petitioner
`By: Richard S. Zembek
`
`Gilbert A. Greene
`
`NORTON ROSE FULBRIGHT US LLP
`
`1301 McKinney, Suite 5100
`
`Houston, Texas 77010
`
`Tel: 713-651-5151
`
`Fax: 713-651-5246
`
`richard.zembek@nortonrosefulbright.com
`
`bert.greene@nortonrosefulbright.com
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_________________
`
`APPLE, INC., DOMINO’S PIZZA, INC., DOMINO’S PIZZA, LLC,
`FANDANGO, LLC, AND OPENTABLE, INC.,
`Petitioner
`
`v.
`
`AMERANTH, INC.
`Patent Owner
`
`_________________
`
`Case CBM2014-00013
`Patent No. 6,982,733
`_________________
`
`
`
`PETITIONER’S NOTICE OF APPEAL
`
`
`
`
`
`
`
`
`
`Case CBM2014-00013
`Patent No. 6,982,733
`
`
`Pursuant to 35 U.S.C. §§ 141 and 142 and 37 C.F.R. § 90.2(a), notice is
`
`hereby given that Apple, Inc., Domino’s Pizza, Inc., Domino’s Pizza, LLC,
`
`Fandango, LLC, and OpenTable, Inc. (collectively, “Petitioner”) appeal to the
`
`United States Court of Appeals for the Federal Circuit from the Final Written
`
`Decision entered on March 20, 2015 (Paper 37), and from all underlying findings,
`
`orders, decisions, rulings, and opinions.
`
`In accordance with 37 C.F.R. § 90.2(a)(3)(ii), Petitioner states that the issues
`
`on appeal may include, but are not limited to: the Patent Trial and Appeal Board’s
`
`decision that Petitioner did not prove by a preponderance of the evidence that
`
`claims 3, 6–9, 11, and 13–16 of U.S. Patent No. 6,892,733 are unpatentable under
`
`35 U.S.C. § 101, and any finding, conclusion, or determination supporting or
`
`relating to that ruling, as well as all other issues decided adversely to Petitioner in
`
`any orders, decisions, rulings, and opinions.
`
`Simultaneous with this submission, a copy of 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.
`
`
`
`1
`
`
`
`Case CBM2014-00013
`Patent No. 6,982,733
`
`April 21, 2015
`
`
`
`
`
`
`
`
`
`
`
`
`
`Respectfully submitted,
`
`
`
`
`
`/s/ Richard S. Zembek
`
`
`Richard S. Zembek (Lead Counsel)
`Reg. No. 43,306
`NORTON ROSE FULBRIGHT US LLP
`1301 McKinney, Suite 5100
`Houston, Texas 77010
`Tel: 713-651-5151
`Fax: 713-651-5246
`richard.zembek@nortonrosefulbright.com
`
`Gilbert A. Greene (Back-up Counsel)
`Reg. No. 48,366
`NORTON ROSE FULBRIGHT US LLP
`98 San Jacinto Boulevard, Suite 1100
`Austin, Texas 78701
`Tel: 512-474-5201
`Fax: 512-536-4598
`bert.greene@nortonrosefulbright.com
`
`Attorneys for Petitioner
`
`2
`
`
`
`Case CBM2014-00013
`Patent No. 6,982,733
`
`
`CERTIFICATE OF FILING AND SERVICE
`
`This is to certify that a true and correct copy of the foregoing
`
`PETITIONER’S NOTICE OF APPEAL was submitted to the following on April
`
`21, 2015:
`
`Director of the United States Patent and Trademark Office
`c/o Office of the General Counsel
`P.O. Box 1450
`Alexandria, Virginia 22313
`Patent Trial and Appeal Board
`United States Patent and Trademark Office
`Clerk of Court for Court of Appeals for the Federal Circuit
`717 Madison Place, N. W.
`Washington, D. C. 20439
`
`John W. Osborne (josborne@osborneipl.com)
`OSBORNE LAW LLC
`Counsel for Patent Owner
`Michael D. Fabiano (mdfabiano@fabianolawfirm.com)
`FABIANO LAW FIRM, P.C.
`Counsel for Patent Owner
`
`
`1 Copy,
`via Express Mail
`
`1 Copy,
`via PRPS
`3 Copies,
`via Federal Express
`including $500
`fee
`1 Copy,
`via email
`
`1 Copy,
`via email
`
`/s/ Richard S. Zembek
`Richard S. Zembek
`Reg. No. 43,306
`
`
`
`
`
`
`
`
`3
`
`
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