throbber
UNITED STATES PATENT AND TRADEMARK OFFICE
`
`________________
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`________________
`
`
`
`UNITED SERVICES AUTOMOBILE ASSOCIATION,
`
`Petitioner
`
`
`
`v.
`
`NADER ASGHARI-KAMRANI and KAMRAN ASGHARI-KAMRANI,
`
`Patent Owners
`
`__________________
`
`
`
`U.S. PATENT NO. 8,266,432
`
`
`
`CBM2016-00063
`
`____________________
`
`
`
`PATENT OWNERS’ NOTICE OF APPEAL
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`

`

`CBM2016-00063
`
`
`
` U.S. Patent No. 8,266,432
`
`
`
`Notice is hereby given, pursuant to 37 C.F.R. § 90.2(a), that Patent Owners
`
`NADER ASGHARI-KAMRANI and KAMRAN ASGHARI-KAMRANI hereby
`
`appeal to the United States Court of Appeals for the Federal Circuit from the Final
`
`Written Decision entered on August 15, 2017 (Paper No. 42) (the “Final Written
`
`Decision”), and from all underlying orders, decisions, rulings, and opinions.
`
`
`
`In accordance with 37 C.F.R. § 90.2(a)(3)(ii), Patent Owners further indicate
`
`that the issues on appeal include, but are not limited to claim construction, the
`
`determination that claims 1–3, 5–10, 12–28, 30–45, 47, 48, 50–52, 54, and 55 of
`
`U.S. Patent No. 8,266,432 are unpatentable, determination that the ‘432 Patent is a
`
`covered business method patent and is not a technological invention, determination
`
`that the claims of the ‘432 Patent are not entitled to the benefit of the prior filing
`
`dates of the US Patent Application Nos. 11/333,400, 11/239,046, and 09/940,635,
`
`and any finding or determination supporting or related to those issues, as well as all
`
`other issues decided adversely to Patent Owners in any orders, decisions, rulings,
`
`and opinions.
`
`
`
`Copies of this Notice of Appeal are being filed simultaneously with the
`
`Director of the USPTO, the Patent Trial and Appeal Board, and the Clerk of the
`
`United States Court of Appeals for the Federal Circuit.
`
`
`
`
`
`
`
`
`
`1
`
`

`

`CBM2016-00063
`
`Date: October 12, 2017
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
` U.S. Patent No. 8,266,432
`
`Respectfully submitted,
`
` /Jae Youn Kim/
`Jae Youn Kim, Reg. No. 69,215
`
`
`
`Attorney for Patent Owners
`
`
`
`
`
`
`
`2
`
`

`

`CBM2016-00063
`
`
`
` U.S. Patent No. 8,266,432
`
`
`
`CERTIFICATE OF SERVICE
`
` Pursuant to 37 CFR §§ 42.6(e)(4) et seq. and 42.205(b), the undersigned
`
`certifies that on October 12, 2017, a complete and entire copy of this Patent
`
`Owner’s Notice of Appeal was provided via electronic service, to the Petitioner by
`
`serving the correspondence address of record as follows:
`
`
`
`W. Karl Renner, Lead Counsel
`
`CBM36137-0007CP1@fr.com
`
`
`
`Thomas Rozylowicz, First Back-up Counsel
`
`PTABInbound@fr.com
`
`
`
`Timothy Riffe, Back-up Counsel
`
`riffe@fr.com
`
`
` I hereby certify that, in addition to being filed electronically through the
`
`PTAB E2E System, the original version of the foregoing Notice of Appeal, was
`
`filed by hand on October 12, 2017, with the Director of the United States Patent
`
`and 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, Virginia 22314
`
`
`
`
`
`3
`
`

`

`CBM2016-00063
`
`
`
` U.S. Patent No. 8,266,432
`
` I hereby certify that on October 12, 2017, a true and correct copy of the
`
`foregoing Notice of Appeal, along with a copy of the Final Written Decision, was
`
`filed electronically with the Clerk’s Office of the United States Court of Appeals
`
`for the Federal Circuit, through the U.S. Court of Appeals CM/ECF Official
`
`Attorney Electronic Document Filing System.
`
`
`
`Date: October 12, 2017
`
`Respectfully submitted,
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
` /Jae Youn Kim/
`Jae Youn Kim, Reg. No. 69,215
`
`Attorney for Patent Owners
`
`4
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`

`

`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`________________
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`________________
`
`
`
`UNITED SERVICES AUTOMOBILE ASSOCIATION,
`
`Petitioner
`
`
`
`v.
`
`NADER ASGHARI-KAMRANI and KAMRAN ASGHARI-KAMRANI,
`
`Patent Owners
`
`__________________
`
`
`
`U.S. PATENT NO. 8,266,432
`
`
`
`CBM2016-00063
`
`____________________
`
`
`
`PATENT OWNERS’ NOTICE OF APPEAL
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`

`

`CBM2016-00063
`
`
`
` U.S. Patent No. 8,266,432
`
`
`
`Notice is hereby given, pursuant to 37 C.F.R. § 90.2(a), that Patent Owners
`
`NADER ASGHARI-KAMRANI and KAMRAN ASGHARI-KAMRANI hereby
`
`appeal to the United States Court of Appeals for the Federal Circuit from the Final
`
`Written Decision entered on August 15, 2017 (Paper No. 42) (the “Final Written
`
`Decision”), and from all underlying orders, decisions, rulings, and opinions.
`
`
`
`In accordance with 37 C.F.R. § 90.2(a)(3)(ii), Patent Owners further indicate
`
`that the issues on appeal include, but are not limited to claim construction, the
`
`determination that claims 1–3, 5–10, 12–28, 30–45, 47, 48, 50–52, 54, and 55 of
`
`U.S. Patent No. 8,266,432 are unpatentable, determination that the ‘432 Patent is a
`
`covered business method patent and is not a technological invention, determination
`
`that the claims of the ‘432 Patent are not entitled to the benefit of the prior filing
`
`dates of the US Patent Application Nos. 11/333,400, 11/239,046, and 09/940,635,
`
`and any finding or determination supporting or related to those issues, as well as all
`
`other issues decided adversely to Patent Owners in any orders, decisions, rulings,
`
`and opinions.
`
`
`
`Copies of this Notice of Appeal are being filed simultaneously with the
`
`Director of the USPTO, the Patent Trial and Appeal Board, and the Clerk of the
`
`United States Court of Appeals for the Federal Circuit.
`
`
`
`
`
`
`
`
`
`1
`
`

`

`CBM2016-00063
`
`Date: October 12, 2017
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
` U.S. Patent No. 8,266,432
`
`Respectfully submitted,
`
` /Jae Youn Kim/
`Jae Youn Kim, Reg. No. 69,215
`
`
`
`Attorney for Patent Owners
`
`
`
`
`
`
`
`2
`
`

`

`CBM2016-00063
`
`
`
` U.S. Patent No. 8,266,432
`
`
`
`CERTIFICATE OF SERVICE
`
` Pursuant to 37 CFR §§ 42.6(e)(4) et seq. and 42.205(b), the undersigned
`
`certifies that on October 12, 2017, a complete and entire copy of this Patent
`
`Owner’s Notice of Appeal was provided via electronic service, to the Petitioner by
`
`serving the correspondence address of record as follows:
`
`
`
`W. Karl Renner, Lead Counsel
`
`CBM36137-0007CP1@fr.com
`
`
`
`Thomas Rozylowicz, First Back-up Counsel
`
`PTABInbound@fr.com
`
`
`
`Timothy Riffe, Back-up Counsel
`
`riffe@fr.com
`
`
` I hereby certify that, in addition to being filed electronically through the
`
`PTAB E2E System, the original version of the foregoing Notice of Appeal, was
`
`filed by hand on October 12, 2017, with the Director of the United States Patent
`
`and 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, Virginia 22314
`
`
`
`
`
`3
`
`

`

`CBM2016-00063
`
`
`
` U.S. Patent No. 8,266,432
`
` I hereby certify that on October 12, 2017, a true and correct copy of the
`
`foregoing Notice of Appeal, along with a copy of the Final Written Decision, was
`
`filed electronically with the Clerk’s Office of the United States Court of Appeals
`
`for the Federal Circuit, through the U.S. Court of Appeals CM/ECF Official
`
`Attorney Electronic Document Filing System.
`
`
`
`Date: October 12, 2017
`
`Respectfully submitted,
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
` /Jae Youn Kim/
`Jae Youn Kim, Reg. No. 69,215
`
`Attorney for Patent Owners
`
`4
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`

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