`CBM2016-00007
`
`Date: September 21, 2016
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`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`STARBUCKS CORP., APPLE, INC., EVENTBRITE, INC., and
`STARWOOD HOTELS & RESORTS WORLDWIDE, INC.,
`Petitioner
`
`v.
`
`AMERANTH, INC.
`Patent Owner
`____________
`
`Case CBM2015-000911
`U.S. Patent No. 6,384,850
`____________
`
`
`
`PATENT OWNER AMERANTH’S NOTICE OF APPEAL
`
`
`
`
`
`
`
`
`1 Case CBM2016-00007 has been joined with this proceeding.
`
`
`
`CBM2015-00091
`CBM2016-00007
`
`PATENT OWNER AMERANTH’S NOTICE OF APPEAL
`
`NOTICE IS HEREBY GIVEN that Ameranth, Inc. (Patent Owner), hereby
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`
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`appeals to the United States Court of Appeals for the Federal Circuit from the Final
`
`Written Decision in Case CBM2015-00091 and CBM2016-00007 that was entered
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`on September 13, 2016 (Paper 38), and from all underlying findings, orders,
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`decisions, rulings, and opinions in those Covered Business Method proceedings
`
`before the Patent Trial and Appeal Board.
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`
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`Patent Owner further states, per 37 C.F.R. § 90.2(a)(3)(ii), that the issues
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`presented on this appeal include, but are not limited to: The decision of the Patent
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`Trial and Appeal Board in the underlying proceedings that claims 12-16 of U.S.
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`Patent No. 6,384,850 B1 are unpatentable under 35 U.S.C. § 103, along with any
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`appealable finding, conclusion, or determination related in any way to that
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`decision, and any other appealable issues decided adversely to Patent Owner in any
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`orders, decisions, rulings, or opinions in CBM2015-00091 and/or CBM2016-
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`00007.
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`
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`A copy of this Notice of Appeal is being concurrently filed with the Patent
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`Trial and Appeal Board, and three copies of this Notice of Appeal, plus the
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`required docketing fees, are being filed with the Clerk's Office of the United States
`
`Court of Appeals for the Federal Circuit.
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`
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`
`
`1
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`
`
`September 21, 2016
`
`CBM2015-00091
`CBM2016-00007
`
`Respectfully Submitted,
`
`/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
`
`
`
`
`
`
`
`2
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`
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`CBM2015-00091
`CBM2016-00007
`
`CERTIFICATE OF FILING AND SERVICE
`
`
`I certify that true and correct copies of the foregoing PATENT OWNER
`
`
`
`AMERANTH’S NOTICE OF APPEAL were submitted, as set forth below, on
`
`September 21, 2016.
`
`1 copy, via hand delivery to:
`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
`1 copy, via hand delivery, plus filing fee, to:
`Clerk of Court, U.S. Court of Appeals for the Federal Circuit
`717 Madison Place, N.W.
`Washington, DC 20439
`1 copy, electronically via PTAB End-to-End System to:
`Patent Trial and Appeal Board, U.S. Patent and Trademark Office
`1 copy each, via email, per agreement of the parties, to:
`Bing Ai
`Patrick N. McKeever
`PERKINS COIE LLP
`PERKINS COIE LLP
`11988 El Camino Real, Suite 350
`11988 El Camino Real, Suite 350
`San Diego, CA 92130
`San Diego, CA 92130
`Ai-ptab@perkinscoie.com
`PMcKeever@perkinscoie.com
`Matthew C. Bernstein
`Yun L. Lu
`PERKINS COIE LLP
`PERKINS COIE LLP
`11988 El Camino Real, Suite 350
`11988 El Camino Real, Suite 350
`San Diego, CA 92130
`San Diego, CA 92130
`MBernstein@perkinscoie.com
`LLu@perkinscoie.com
`James M. Heintz
`Robert C. Williams
`DLA PIPER LLP (US)
`DLA PIPER LLP (US)
`11911 Freedom Drive, Suite 300
`401 B Street, Suite 1700
`Reston, VA 20190-5602
`San Diego, CA 92101
`jim.heintz@dlapiper.com
`robert.williams@dlapiper.com
`
`
`September 21, 2016
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`
`
`/s/ Michael D. Fabiano /
`Michael D. Fabiano
`
`3
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