`By:
`
`Matthew L. Cutler (mcutler@hdp.com)
`
`
`Bryan K. Wheelock (bwheelock@hdp.com)
`
`
`Douglas A. Robinson (drobinson@hdp.com)
`
`
`Harness, Dickey & Pierce, PLC
`
`
`7700 Bonhomme Ave., Suite 400
`
`
`St. Louis, MO 63105
`
`
`Tel: (314) 726-7500
`
`
`Fax: (314) 726-7501
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`_____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`_____________
`
`LKQ CORPORATION
`Petitioner
`v.
`
`CLEARLAMP, LLC
`Patent Owner
`_____________
`
`Case IPR2013-00020
`Patent 7,297,364
`_____________
`
`
`
`CLEARLAMP LLC’S NOTICE OF APPEAL
`
`
`
`
`
`
`
`
`
`Case No.: IPR2013-00020
`Patent 7,297,364
`Attorney’s Docket No.: 16381-400002
`
`
`Director of the United States Patent and Trademark Office
`c/o Office of the General Counsel
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`
`Notice is hereby given, pursuant to 37 C.F.R. § 90.2(a), that Patent Owner
`
`Clearlamp, LLC (“Clearlamp”) hereby appeals to the United States Court of
`
`Appeals for the Federal Circuit from the Final Written Decision entered on March
`
`27, 2014 (Paper 73) (the “Final Written Decision”), and from all underlying orders,
`
`decisions, rulings and opinions, including without limitation, the Decision to
`
`Initiate Trial for Inter Partes Review entered on March 29, 2013 (Paper 18).
`
`In accordance with 37 C.F.R. § 90.2(a)(3)(ii), Patent Owner Clearlamp
`
`further indicates that the issues on appeal include, but are not limited to, the Patent
`
`Trial and Appeal Board's application and use of the broadest reasonable
`
`interpretation standard, claim construction, institution of Inter Partes Review,
`
`determination of unpatentability of claims 1-10 and 13-14 of Clearlamp’s U.S.
`
`Patent No. 7,297,364 (“the ‘364 Patent") under 35 U.S.C. § 103, denial of
`
`Clearlamp's motion to amend the claims of the ‘364 Patent, and any finding or
`
`determination supporting or related to those issues, as well as all other issues
`
`decided adversely to Patent Owner Clearlamp in any orders, decisions, rulings and
`
`opinions.
`
`
`
`2
`
`
`
`Case No.: IPR2013-00020
`Patent 7,297,364
`Attorney’s Docket No.: 16381-400002
`
`
`
`Simultaneous with this submission, a copy of this Notice of Appeal is being
`
`filed with the Patent Trial and Appeal Board. In addition, a copy of this Notice of
`
`Appeal, along with the required docketing fees, are being filed with the
`
`Clerk’s Office for the United States Court of Appeals for the Federal Circuit.
`
`
`
`Dated: May 28, 2014
`
`Respectfully Submitted by:
`
`
`/s/ Matthew L. Cutler
`MATTHEW L. CUTLER, Reg. No. 43574
`BRYAN K. WHEELOCK, Reg. No. 31441
`DOUGLAS ROBINSON, Reg. No. 59703
`HARNESS, DICKEY & PIERCE, PLC
`7700 Bonhomme Ave., Suite 400
`St. Louis, MO 63105
`Telephone: (314) 726-7500
`Facsimile: (314) 726-7501
`mcutler@hdp.com
`bwheelock@hdp.com
`drobinson@hdp.com
`
`Attorneys for Patent Owner, Clearlamp, LLC
`
`
`
`
`
`
`
`
`
`
`3
`
`
`
`Case No.: IPR2013-00020
`Patent 7,297,364
`Attorney’s Docket No.: 16381-400002
`
`
`
`
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that, in addition to being filed electronically through the
`
`Patent Trial and Appeal Board's Patent Review Processing System (PRPS), the
`
`original version of the foregoing, PATENT OWNER CLEARLAMP’S NOTICE
`
`OF APPEAL, was filed by Express Mail (Express Mail Label EM 258948638 US)
`
`on this 28th 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
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`
`
`
`CERTIFICATE OF SERVICE
`
`
`
`I hereby certify that a true and correct copy of the foregoing, PATENT
`
`OWNER CLEARLAMP’S NOTICE OF APPEAL, was filed electronically on this
`
`28th 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
`
`
`
`4
`
`
`
`
`
`
`
`Case No.: IPR2013-00020
`Patent 7,297,364
`Attorney’s Docket No.: 16381-400002
`
`
`CERTIFICATE OF SERVICE
`
`
`
`I hereby certify that a true and correct copy of the foregoing, PATENT
`
`OWNER CLEARLAMP'S NOTICE OF APPEAL, was served, in accordance with
`
`the parties' electronic service agreement, by electronic mail on this 28th day of
`
`May, 2014, on the following counsel of record for Petitioners LKQ Corporation.
`
`Alan L. Barry
`Jason A. Engel
`Benjamin E. Weed
`Viren S. Soni
`K&L Gates LLP
`70 West Madison Street, Suite 3100
`Chicago, Illinois 60602
`Phone: (312) 372-1121
`Fax: (312) 827-8000
`al.barry.ptab@klgates.com
`jason.engel.ptab@klgates.com
`benjamin.weed.ptab@klgates.com
`viren.soni.ptab@klgates.com
`
`
`Attorneys for Petitioner, LKQ Corporation
`
`
`
`
`
`
`5
`
` /s/ Matthew L. Cutler
`
`
`
`
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