`
`_______________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`_______________________________
`
`AVAYA INC., DELL INC., SONY CORPORATION OF AMERICA, and
`HEWLETT-PACKARD CO.
`Petitioners
`
`v.
`
`NETWORK-1 SECURITY SOLUTIONS, INC.
`Patent Owner
`____________________
`
`CASE IPR2013-000711
`U.S. Patent No. 6,218,930
`____________________
`
`Before the honorable Joni Y. Chang, Justin T. Arbes, and Glenn J. Perry
`____________________
`
`PETITIONER AVAYA INC.’S NOTICE OF APPEAL
`
`1 Cases IPR2013-00385 and IPR2013-00495 have been joined with this
`proceeding.
`
`DCACTIVE-28500339.4
`
`
`
`Case IPR 2013-00071
`U.S. Patent No. 6,218,930
`
`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
`
`Pursuant to 37 C.F.R. § 90.2(a), notice is hereby given that Petitioner Avaya,
`
`Inc. (“Avaya”) appeals to the United States Court of Appeals for the Federal
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`Circuit from the Final Written Decision entered on May 22, 2014 (Paper No. 103),
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`and from all underlying findings, orders, decisions, rulings and opinions, including,
`
`without limitation, those within the Decision on Institution of Inter Partes Review
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`entered on May 24, 2014 (Paper No. 18) and modified on June 11, 2013 (Paper No.
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`21). Each of the Petitioners Avaya, Dell, Inc., Hewlett-Packard Co., and Sony
`
`Corporation of America are concurrently filing notices of appeal in this matter.
`
`In accordance with 37 C.F.R. § 90.2(a)(3)(ii), Avaya states that the issues on
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`appeal include, but are not limited to: the decision of the Patent Trial and Appeal
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`Board denying Petitioners’ petition to cancel claims 6 and 9 of U.S. Patent No.
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`6,218,930 (“the ’930 patent”); the decision by the Patent Trial and Appeal Board
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`denying certain grounds advanced by Petitioners in the petition to institute
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`proceedings to cancel claims 6 and 9 of the ’930 patent; the claim constructions of
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`the Patent Trial and Appeal Board; the dismissal by the Patent Trial and Appeal
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`Board of Petitioners’ motion to exclude evidence; and any finding or determination
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`DCACTIVE-28500339.4
`
`Page 2 of 3
`
`
`
`Case IPR 2013-00071
`U.S. Patent No. 6,218,930
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`supporting or relating to those issues, as well as all other issues decided adversely
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`to Petitioners in any orders, decisions, rulings 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 Patent Trial and Appeal Board. In addition, three copies of this
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`Notice of Appeal, along with the required docketing fees, are being filed with the
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`Clerk's Office for the United States Court of Appeals for the Federal Circuit.
`
`July 24, 2014
`
`Respectfully submitted,
`
`/Jeffrey D. Sanok, Reg. # 32,169/
`Jeffrey D. Sanok, Reg. No. 32,169
`Jonathan M. Lindsay, Reg. No. 45,810
`CROWELL & MORING LLP
`Intellectual Property Group
`P.O. Box 14300
`Washington, DC 20044-4300
`
`Counsel for Petitioner Avaya, Inc.
`
`DCACTIVE-28500339.4
`
`Page 3 of 3
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`
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`Case IPR 2013-00071
`U.S. Patent No. 6,218,930
`
`CERTIFICATE OF SERVICE AND FILING
`
`I hereby certify that on this 24th day of July, 2014, in addition to being filed
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`and served electronically through the Board’s PRPS System, a true and correct
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`copy of the foregoing “PETITIONER AVAYA INC.’S NOTICE OF APPEAL,”
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`was filed by hand 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, 10B20
`Madison Building East
`600 Dulany Street
`Alexandria, Virginia
`
`I also hereby certify that on this 24th day of July 2014, three true and correct
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`copies of the foregoing “PETITIONER AVAYA INC.’S NOTICE OF APPEAL,”
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`and the filing fee, were filed with the Clerk’s Office of the United States Court of
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`Appeals for the Federal Circuit, at the following address:
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`United States Court of Appeals for the Federal Circuit
`717 Madison Place, N.W., Suite 401
`Washington, DC 20005
`
`I also hereby certify that on this 24th day of July 2014, a true and correct
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`copy of the foregoing “PETITIONER AVAYA INC.’S NOTICE OF APPEAL,”
`
`was served, by electronic mail, upon the following:
`
`Robert G. Mukai
`Charles F. Wieland III
`Buchanan, Ingersoll & Rooney P.C.
`
`Michael J. Scheer
`Thomas M. Dunham
`WINSTON & STRAWN LLP
`
`DCACTIVE-28500339.4
`
`
`
`1737 King St., Suite 500
`Alexandria, VA 22314
`Robert.Mukai@BIPC.com
`Charles.Wieland@BIPC.com
`Counsel for Network-1 Security
`Solutions, Inc.
`
`Lionel M. Lavenue, Esq.
`Erika Arner, Esq.
`FINNEGAN, HENDERSON,
`FARABOW,
`GARRETT & DUNNER, LLP
`Two Freedom Square
`11955 Freedom Drive
`Reston, VA 20190-5675
`(571) 203-2700
`lionel.lavenue@finnegan.com
`erika.arner@finnegan.com
`Counsel for Sony Corp. of America
`
`July 24, 2014
`
`Case IPR 2013-00071
`U.S. Patent No. 6,218,930
`
`200 Park Ave.
`New York, NY 10166
`(212) 294-4700
`mscheer@winston.com
`tdunham@winston.com
`Counsel for Dell Inc.
`
`Robert J. Walters, Esq.
`Charles J. Hawkins, Esq.
`MCDERMOTT WILL & EMERY LLP
`500 North Capitol Street, N.W.
`Washington, DC 20001
`(202) 756-8019
`rwalters@mwe.com
`chawkins@mwe.com
`Counsel for Hewlett-Packard Co.
`
`Respectfully submitted,
`
`/Jonathan Lindsay/
`Jonathan M. Lindsay, Reg. No. 45,810
`CROWELL & MORING LLP
`Intellectual Property Group
`1001 Pennsylvania Avenue, N.W.
`Washington, DC 20004-2595
`
`DCACTIVE-28500339.4
`
`