`
`Date: May 5, 2015
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`APPLE, INC., ET AL.
`Petitioner
`
`v.
`
`AMERANTH, INC.
`Patent Owner
`____________
`
`Case CBM2014-00013
`Patent No. 6,982,733
`____________
`
`
`
`
`PATENT OWNER AMERANTH’S NOTICE OF CROSS APPEAL
`
`
`
`
`
`
`
`CBM2014-00013
`
`
`
`
`
`
`
`NOTICE IS HEREBY GIVEN that Ameranth, Inc. (Patent Owner), hereby
`
`cross-appeals to the United States Court of Appeals for the Federal Circuit from
`
`the Final Written Decision in Case CBM2014-00013 that was entered on March
`
`20, 2015 (Paper 37), and from all underlying findings, orders, decisions, rulings,
`
`and opinions in that Covered Business Method proceeding before the Patent Trial
`
`and Appeal Board.
`
`
`
`Patent Owner further states, per 37 C.F.R. § 90.2(a)(3)(ii), that the issues
`
`presented on this cross-appeal include, but are not limited to: The decision of the
`
`Patent Trial and Appeal Board in the underlying proceeding that claims 1, 2, 4, 5,
`
`10, and 12 of U.S. Patent No. 6,982,733 are unpatentable under 35 U.S.C. § 101,
`
`along with any appealable finding, conclusion, or determination related in any way
`
`to that decision, and any other appealable issues decided adversely to Patent Owner
`
`in any orders, decisions, rulings, or opinions in CBM2014-00013.
`
`
`
`A copy of this Notice of Cross Appeal is being concurrently filed with the
`
`Patent Trial and Appeal Board, and three copies of this Notice of Cross Appeal,
`
`plus the required docketing fees, are being filed with the Clerk's Office of the
`
`United States Court of Appeals for the Federal Circuit.
`
`
`
`
`
`
`
`
`
`May 5, 2015 .
`
`Respectfully Submitted,
`
`CBM2014-00013
`
`
`/John W. Osborne/
`John W. Osborne
`Lead Counsel for Patent Owner
`USPTO Reg. No. 36,231
`OSBORNE LAW LLC
`33 Habitat Lane
`Cortlandt Manor, NY 10567
`josborne@osborneipl.com
`Tel.: 914-714-5936
`Fax: 914-734-7333
`
`Michael D. Fabiano
`Back-up Counsel for Patent Owner
`USPTO Reg. No. 44,675
`FABIANO LAW FIRM, P.C.
`12526 High Bluff Drive, Suite 300
`San Diego, CA 92130
`mdfabiano@fabianolawfirm.com
`Tel.: 619-742-9631
`
`
`
`
`
`
`
`CBM2014-00013
`
`
`CERTIFICATE OF FILING AND SERVICE
`
`
`I certify that true and correct copies of the foregoing PATENT OWNER
`
`
`
`AMERANTH’S NOTICE OF CROSS APPEAL were submitted, as set forth
`
`1 copy, via hand delivery
`
`1 copy, electronically via PRPS
`
`3 copies, plus filing fees,
`via hand delivery
`
`1 copy, via e-mail, per the
`parties' service agreement
`
`1 copy, via e-mail, per the
`parties' service agreement
`
`
`below, on May 5, 2015.
`
`Director of the U.S. Patent and Trademark Office
`c/o Office of the General Counsel
`United States Patent and Trademark Office
`Madison Building East, Room 10-B-20
`600 Dulany Street
`Alexandria, VA 22314
`
`Patent Trial and Appeal Board,
`U.S. Patent and Trademark Office
`
`Clerk of Court, U.S. Court of Appeals for the
`Federal Circuit
`717 Madison Place, N.W.
`Washington, DC 20439
`
`Richard S. Zembek
`Norton Rose Fulbright US LLP
`
`Counsel for Petitioner
`
`Gilbert A. Greene
`Norton Rose Fulbright US LLP
`
`Counsel for Petitioner
`
`
`
`May 5, 2015
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`/s/ Michael D. Fabiano /
`
`Michael D. Fabiano