`
`_________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_________
`
`APPLE INC. and GOOGLE INC.,
`Petitioners,
`
`v.
`
`SMARTFLASH LLC,
`Patent Owner.
`
`_________
`
`Case CBM2015-000281
`
`Patent 7,334,720 B2
`
`_________
`
`
`
`PATENT OWNER’S NOTICE OF APPEAL
`
`
`
`
`1 The challenge to claim 1 of U.S. Patent 7,334,720 B2 in CBM2015-00125 was
`consolidated with this proceeding. Paper 29, 9-11.
`
`
`
`Notice is hereby given, pursuant to 37 C.F.R. § 90.2(a), that Patent Owner
`
`Smartflash LLC appeals under 35 U.S.C. § 141 to the United States Court of
`
`Appeals for the Federal Circuit from the Final Written Decision entered on May 26
`
`2016 (Paper 44), the Decision Denying Rehearing entered on August 16, 2016
`
`(Paper 48) and from all underlying orders, decisions, rulings and opinions
`
`regarding U.S. Patent No. 7,334,720 (“the ’720 Patent”) including the Decision -
`
`Institution of Covered Business Method Patent Review entered on May 28, 2015
`
`(Paper 11).
`
`For the limited purpose of providing the Director with the information
`
`requested in 37 C.F.R. § 90.2(a)(3)(ii), Patent Owner anticipates that the issues on
`
`appeal may include the following, as well as any underlying findings,
`
`determinations, rulings, decisions, opinions, or other related issues:
`
`• Whether the Board erred in finding that the subject matter of the ‘720
`
`Patent is directed to activities that are financial in nature and in
`
`instituting Covered Business Method review of the ‘720 Patent;
`
`• Whether the Board erred in finding that the claims of the ‘720 Patent
`
`are not directed to a “technological invention” as defined in § 18(d)(1)
`
`of the Leahy-Smith America Invents Act;
`
`
`
`1
`
`
`
`• Whether the Board’s decisions with respect to the ‘720 Patent were
`
`arbitrary and capricious in light of its decisions on other computer
`
`implemented invention patents;
`
`• Whether the Board erred in denying in part Patent Owner’s Motion to
`
`Exclude (Paper 31);
`
`• Whether the Board erred in finding that claims 1 and 2 of the ‘720
`
`Patent are drawn to an abstract idea; and
`
`• Whether the Board erred in finding that claims 1 and 2 of the ’720
`
`Patent are unpatentable under 35 U.S.C. § 101.
`
`Copies of this Notice of Appeal are being filed simultaneously with the
`
`Director, the Patent Trial and Appeal Board, and the Clerk of the United States
`
`Court of Appeals for the Federal Circuit.
`
`Any required fees may be charged to Deposit Account No. 501860.
`
`Dated: October 17, 2016
`
`
`
`
`
`
`
`/ Michael R. Casey /
`
`Michael R. Casey
`Registration No. 40,294
`Davidson Berquist Jackson & Gowdey, LLP
`8300 Greensboro Drive
`Suite 500
`McLean, VA 22102
`Telephone: (571) 765-7705
`Fax: (571) 765-7200
`Email: mcasey@dbjg.com
`Attorney for Patent Owner
`
`2
`
`
`
`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies that this PATENT OWNER’S NOTICE
`OF APPEAL was filed with the Patent Trial and Appeal Board using the E2E
`System and was served, by agreement of the parties, by emailing copies to counsel
`for the Petitioner as follows:
`
`J. Steven Baughman (steven.baughman@ropesgray.com)
`Megan Raymond (megan.raymond@ropesgray.com)
`James R. Batchelder (james.batchelder@ropesgray.com)
`ApplePTABService-SmartFlash@ropesgray.com
`Attorneys for Petitioner Apple Inc.
`
`Raymond Nimrod (raynimrod@ quinnemanuel.com)
`QE-SF-PTAB-Service@quinnemanuel.com
`Attorneys for Petitioner Google Inc.
`
`
`The undersigned hereby further certifies that on October 17, 2016 this
`PATENT OWNER’S NOTICE OF APPEAL (and its three attached decisions)
`were filed with the Federal Circuit via CM/ECF (along with one courtesy copy by
`hand delivery) and two (2) copies were served on the U.S. Patent and Trademark
`Office via in-hand delivery as follows:
`
`
`Director of the United States Patent and Trademark Office
`c/o Office of the General Counsel
`Madison Building East, 10B20
`600 Dulaney Street
`
`Alexandria, VA 22314‐5793
`
`Dated: October 17, 2016
`
`
`/ Michael R. Casey /
`
`Michael R. Casey (Reg. No. 40,294)
`Davidson Berquist Jackson & Gowdey, LLP
`8300 Greensboro Drive, Suite 500
`McLean, VA 22102
`Telephone: (571) 765-7705
`Fax: (571) 765-7200
`Email: mcasey@dbjg.com
`Attorney for Patent Owner
`
`
`
`3
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