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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`
`___________________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`___________________
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`
`
`KYOCERA CORPORATION
`MOTOROLA MOBILITY LLC
`Petitioners
`
`
`v.
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`
`SOFTVIEW LLC
`Patent Owner
`
`___________________
`
`CASE IPR2013-00007
`CASE IPR2013-00256
`Patent 7,461,353.
`___________________
`
`
`NOTICE OF APPEAL
`TO THE UNITED STATES COURT OF APPEALS
`FOR THE FEDERAL CIRCUIT
`BY PATENT OWNER SOFTVIEW LLC
`
`
`
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`3045788
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`
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`Cases IPR2013-00007 and IPR2013-00256 (joined)
`Patent 7,461,353
`
`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
`
`Notice is hereby given, pursuant to 37 C.F.R. § 90.2(a), that Patent Owner
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`SoftView LLC ("SoftView") hereby appeals to the United States Court of Appeals
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`for the Federal Circuit from the Final Written Decisions in IPR2013-00007 and
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`IPR2013-00256 entered on March 27, 2014 (the "Final Written Decision"), and
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`from all underlying orders, decisions, rulings and opinions, including without
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`limitation the Decision to Institute Trial for Inter Partes Review in IPR2013-00007
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`entered on March 29, 2013 (Paper 11) and in IPR2013-00256 entered on June 20,
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`2013 (Paper 9). IPR2013-00256 was joined with IPR2013-00007 on June 20, 2013
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`(IPR2013-00256, Paper 10, at 10), with the Patent Trial and Appeal Board (the
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`"Board") ordering "that this proceeding (IPR2013-00256) is terminated under 37
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`C.F.R. § 42.72 and all further filings in the joined proceeding shall be made in
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`IPR2013-00007." (Id., at 12).
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`In accordance with 37 C.F.R. § 90.2(a)(3)(ii), SoftView further indicates that
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`the issues on appeal include, but are not limited to, the Board's determination of
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`unpatentability of claims 1, 33, 36, 43, 48, 51, 52, 58, 59, 66, 118, 138, 139, 149,
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`183, 252, 283, and 317 of U.S. Patent No. 7,461,353 (the "'353 Patent") under 35
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`U.S.C. § 103; the Board's decision to permit Petitioner to submit a new claim
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`3045788
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`- 2 -
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`Cases IPR2013-00007 and IPR2013-00256 (joined)
`Patent 7,461,353
`construction after the deadline for submitting claim constructions under the Board's
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`own rules; the lack of opportunity for SoftView to amend its claims due to the
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`belatedness of the new claim construction; the Board's claim construction
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`determinations; the Board's application and use of the broadest reasonable
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`interpretation standard; the Board's findings with respect to objective indicia of
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`non-obviousness; the Board's denial of SoftView's Motion to Exclude Evidence;
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`and all findings or determinations supporting or related to those issues, as well as
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`any other issues decided adversely to SoftView in any orders, decisions, rulings
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`and opinions.
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`Simultaneous with this submission, a copy of this Notice of Appeal is being
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`filed with the Board. In addition, three copies of this Notice of Appeal, along with
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`the required docketing fees, are being filed with the Clerk's Office for the United
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`States Court of Appeals for the Federal Circuit.
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` Respectfully submitted,
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`Dated: May 20, 2014
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`By: /Ben Yorks/
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`
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`3045788
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`
` Ben Yorks
`
`IRELL & MANELLA LLP
`Ben Yorks, Esq. (Reg. No. 33,609)
`Babak Redjaian, Esq. (Reg. No. 42,096)
`840 Newport Center Drive, Suite 400
`Newport Beach, CA 92660
`Telephone: (949) 760-0991
`Fax: (949) 760-5200
`Attorneys for Patent Owner
`SoftView LLC
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`- 3 -
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`Cases IPR2013-00007 and IPR2013-00256 (joined)
`Patent 7,461,353
`
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`CERTIFICATE OF SERVICE
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`I hereby certify that, in addition to being filed electronically through the
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`Patent Trial and Appeal Board's Patent Review Processing System (PRPS), the
`original version of the foregoing NOTICE OF APPEAL TO THE UNITED
`STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT BY PATENT
`OWNER SOFTVIEW LLC was filed by hand on this 20th day of May, 2014 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, VA 22314-5793
`
`
`
`
`
`
`
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`CERTIFICATE OF SERVICE
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`I hereby certify that three (3) true and correct copies of the foregoing
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`NOTICE OF APPEAL TO THE UNITED STATES COURT OF APPEALS FOR
`THE FEDERAL CIRCUIT BY PATENT OWNER SOFTVIEW LLC and the
`prescribed fees were filed by hand on this 20th day of May, 2014, with the Clerk's
`Office of the United States Court of Appeals for the Federal Circuit:
`
`United States Court of Appeals for the Federal Circuit
`717 Madison Place, N.W., Suite 401
`Washington, DC 20005
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`- 4 -
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`3045788
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`Cases IPR2013-00007 and IPR2013-00256 (joined)
`Patent 7,461,353
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`CERTIFICATE OF SERVICE
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`Pursuant to 37 C.F.R. § 42.6(e), the undersigned certifies that on May 20,
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`2014, a complete and entire copy of the foregoing NOTICE OF APPEAL TO THE
`UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT BY
`PATENT OWNER SOFTVIEW LLC was served by electronic mail, as agreed to
`by the parties, upon Petitioner's counsel:
`
`
`Richard P. Bauer (richard.bauer@kattenlaw.com)
`Michael Dorfman (michael.dorfman@kattenlaw.com)
`Michael Tomsa (michael.tomsa@kattenlaw.com)
`Eric C. Cohen (eric.cohen@kattenlaw.com)
`Katten Muchin Rosenman LLP
`2900 K Street NW – Suite 200
`Washington, DC 20007-5118
`(202) 625-3500 (tel)
`(202) 298-7570 (fax)
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`
`Counsel for Kyocera Corporation.
`
`
`John C. Alemanni (jalemanni@kilpatricktownsend.com)
`Candice C. Decaire (CDecaire@kilpatricktownsend.com)
`David A. Reed (DaReed@kilpatricktownsend.com)
`KILPATRICK TOWNSEND & STOCKTON LLP
`1001 West Fourth Street
`Winston-Salem, NC 27101-2400
`(336) 607-7311 (tel)
`(336) 734-2621 (fax)
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`Counsel for Motorola Mobility LLC.
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`/Babak Redjaian/
`Babak Redjaian (Reg. No. 42,096)
`840 Newport Center Drive, Suite 400
`Newport Beach, CA 92660
`Attorney for Patent Owner, SoftView LLC
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`- 5 -
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`3045788
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