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`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________________
`
`GOOGLE INC. and APPLE INC.,
`Petitioners
`
`v.
`
`CONTENTGUARD HOLDINGS, INC.,
`Patent Owner
`____________________
`Case CBM 2015-000401
`
`U.S. Patent 7,774,280
`Filed October 4, 2004
`Issued August 10, 2010
`Title: SYSTEM AND METHOD FOR MANAGING TRANSFER OF
`RIGHTS USING SHARED STATE VARIABLES
`
`____________________
`
`Attorney Docket No. 20318-134631
`Customer No: 22242
`____________________
`
`PATENT OWNER CONTENTGUARD HOLDINGS’
`NOTICE OF CROSS-APPEAL
`
`
`
`____________________
`1 Case CBM2015-00160 has been joined with this proceeding.
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`
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`Notice is hereby given that Patent Owner ContentGuard Holdings, Inc.
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`(“ContentGuard”) hereby cross-appeals to the United States Court of Appeals for
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`the Federal Circuit from the Final Written Decision of the Patent Trial and Appeal
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`Board (“Board”) entered on June 21, 2016 (Paper No. 34) (“Final Written
`
`Decision”) in CBM2015-000402 regarding the covered business method reviews of
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`U.S. Patent No. 7,774,280 (“‘280 patent”) to the extent adverse to ContentGuard,
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`which petitioner Google Inc. and Apple Inc. appealed to the Federal Circuit on
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`August 23, 2016. The appeals are consolidated under Appeal No. 16-2548.
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`In accordance with 37 C.F.R. § 90.2(a)(3)(ii), ContentGuard states that the
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`issues on cross-appeal include, but are not limited to: the Board’s determination
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`that the ‘280 patent is a covered business method patent eligible for review under
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`§ 18(a)(1)(E) and § 18(d)(1) of the AIA and 37 C.F.R. §42.301.
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`This Notice of Cross-Appeal is being e-filed with the Clerk’s Office for the
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`United States Court of Appeals for the Federal Circuit. In addition, copies of this
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`Notice of Appeal are being filed simultaneously with the Patent Trial and Appeal
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`Board.
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`
`
`____________________
`2 A copy of the Final Written Decision is attached hereto as Exhibit 1. An identical
`
`copy of the Final Written Decision was filed as Paper 8 in CBM2015-00160.
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`1
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`
`
`Respectfully submitted,
`FITCH EVEN TABIN & FLANNERY, LLP
`By: /Timothy P. Maloney/
`
`Timothy P. Maloney
`Registration No. 38,233
`tim@fitcheven.com
`
`
`
`
`Dated: September 6, 2016
`
`
`
`120 South LaSalle Street
`Suite 1600
`Chicago, Illinois 60603
`(312) 577-7000
`(312) 577-7007 (fax)
`
`
`
`2
`
`
`
`CERTIFICATE OF FILING
`
`I hereby certify that, in addition to being filed electronically through the
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`Patent Trial and Appeal Board’s E2E System, a copy of this PATENT OWNER
`
`CONTENTGUARD HOLDINGS’ NOTICE OF CROSS-APPEAL was filed by
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`hand on September 6, 2016, with the Director of the United States Patent and
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`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
`
`Respectfully submitted,
`FITCH EVEN TABIN & FLANNERY, LLP
`/Timothy P. Maloney/
`
`Timothy P. Maloney
`Attorney for Patent Owner
`ContentGuard Holdings, Inc.
`
`
`
`
`Dated: September 6, 2016
`
`
`
`
`
`By:
`
`
`
`3
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`
`
`CERTIFICATE OF FILING
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`I hereby certify that a copy of this PATENT OWNER CONTENTGUARD
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`HOLDINGS’ NOTICE OF CROSS-APPEAL was filed electronically through the
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`United States Court of Appeals for the Federal Circuit’s CM/ECF system on
`
`Respectfully submitted,
`FITCH EVEN TABIN & FLANNERY, LLP
`/Timothy P. Maloney/
`
`Timothy P. Maloney
`Attorney for Patent Owner
`ContentGuard Holdings, Inc.
`
`September 6, 2016.
`
`
`
`
`Dated: September 6, 2016
`
`
`
`
`
`By:
`
`
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`4
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`
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`CERTIFICATE OF SERVICE
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`Pursuant to 37 C.F.R. §42.6(e), the undersigned hereby certifies that a true
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`copy of the foregoing PATENT OWNER CONTENTGUARD HOLDINGS’
`
`NOTICE OF CROSS-APPEAL is being served on counsel for petitioners.
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`By:
`
`Respectfully submitted,
`FITCH EVEN TABIN & FLANNERY, LLP
`/Timothy P. Maloney/
`
`Timothy P. Maloney
`Registration No. 38,233
`tim@fitcheven.com
`
`
`
`
`Dated: September 6, 2016
`
`
`
`
`120 South LaSalle Street
`Suite 1600
`Chicago, Illinois 60603
`(312) 577-7000
`(312) 577-7007 (fax)
`
`
`
`
`5