throbber

`
`
`
`
`
`
`
`
`
`UNIT *1) STA ES PA' ‘*‘NT AND TRADEMARK OFFICE
`
`
`
`
`
`
`
`
`
`
`
`
`BHFO ‘ THE PAT jNT 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 113112013000711
`
`
`US. Patent No. 6,218,930
`
`Before the honorable Joni Y. Chang, Justin T. Arbes, and Glenn J. Perry
`
`
`PETITIONER DELL INC.’S NOTICE OF APPEAL
`
`‘ Cases IPR2013—003 85 and IPR2013—00495 have been joined with this proceeding.
`
`NY:1642429.1
`
`

`

`Case IPR 2013—00071
`
`US. Patent No. 6,218,930
`
` Director of the United States Patent and Trademark Office
`
`c/o Office of the General Counsel
`
`
`
`
`
`Madison Building jast, 101320
`600 Dulany Street
`Alexandria, VA 22314—5793
`
`
`Pursuant to 37 C.F.R. § 90.2(a), notice is hereby given that Petitioner Dell,
`
`Inc. (“Dell”) appeals to the United States Court of Appeals for the Federal Circuit
`
`from the Final Written Decision entered on May 22, 2014 (Paper No. 103), and
`
`from all underlying findings, orders, decisions, rulings and opinions, including,
`
`without limitation, those within the Decision on Institution of Inter Partes Review
`
`entered on May 24, 2014 (Paper No. 18 in IPR2013—00071) and modified on June
`
`11, 2013 (Paper No. 21 in IPR2013—0007l) and within the Decision on Institution
`
`of Inter Partes Review entered on July 29, 2013 (Paper No. 15 in IPR2013—003 85,
`
`
`joined with IPR2013-0007l on July 29, 2013). Each of Petitioners Avaya, Hewlett
`
`Packard, and Sony are concurrently filing notices of appeal in this matter.
`
`In accordance with 37 C.F.R. § 90.2(a)(3)(ii), Dell states that the issues on
`
`
`appeal include, but are not limited to: the decision of the Patent Trial and Appeal
`
` Board denying Petitioner’s petition to cancel claims 6 and 9 of US. Patent No.
`
`6,218,930 (“the ’930 patent”); the decision by the Patent Trial and Appeal Board
`
`denying certain grounds advanced by Petitioners in the petition to institute
`
`proceedings to cancel claims 6 and 9 of the ’930 patent; the claim constructions of
`
`
`the Patent Trial and Appeal Board; the dismissal by the Patent Trial and Appeal
`
`NY: 1642429.]
`
`Page 2 of 3
`
`

`

`Case lPR 2013-0007l
`
`US. Patent No. 6,218,930
`
`Board of Petitioner’s motion to exclude evidence; and any finding or determination
`
`supporting or relating to those issues, as well as all other issues decided adversely
`
`to Petitioner in any orders, decisions, rulings and opinions.
`
`Simultaneous with this submission, a copy of this Notice of Appeal is being
`
`filed with the Patent Trial and Appeal Board. In addition, three copies of this
`
`Notice of Appeal, along with the requised docketing fees, are being filed with the
`
`
`
`Clerk's Office for the United States Court of Appeals for the Federal Circuit.
`
`Respectfully submitted,
`
` July 24, 2014
`
`‘
`
`
`
`'L—J Mk
`
`
`
`eer (Reg. # 34,425)
`Michael J.
`Thomas M. V nham (Reg. # 39,965)
`WINSTON & STRAWN LLP
`
`mscheer@winston.com
`tdunham@winston.com
`Attorneys for Petitioner Dell Inc.
`
`NY: 16424291
`
`Page 3 of 3
`
`

`

`
`Case IPR 2013-00071
`
`
`U.S. Jatent 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
`
`and served electronically through the Board’s PRPS System, a true and correct
`
`
`
`
`
`
`
`copy of the foregoing “PETITIONER DELL INC.’S NOTICE OF APP ‘AL,” 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
`
`
`copies of the foregoing “PETITIONER DELL INC.’S NOTICE OF APPEAL,”
`
`and the filing fee, were filed with the Clerk’s Office of the United States Court of
`
`Appeals for the Federal Circuit, at the following address:
`
`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
`
`
`copy of the foregoing “PETITIONSR DELL 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.
`
`Jeffrey D. Sanok,
`Jonathan M. Lindsay
`CROWELL & MORING LLP
`
`NY: 16424291
`
`

`

`Case IPR 2013-00071
`
`US. Patent No. 6,218,930
`
`1737 King St., Suite 500
`Intellectual Property Group
`Alexandria, VA 22314
`P O. 30X 14300
`
`W Washington, DC 20044—4300
`W jsanok@crowell.com
`Counselfor Network—1 Security
`jlindsay@crowell.com
`Solutions, Inc.
`Counselfor Avaya Inc.
`
`Lionel M. Lavenue, Esq.
`
`Erika Amer Esq.
`
`
`FINNEGAN, HENDERSON,
`
`FARABOW,
`GARRETT & DUNNER, LLP
`Two Freedom Square
`11955 Freedom Drive
`Reston, VA 20190—5675
`(571) 203 -2700
`lionel.lavenuegQfinnegan.com
`erika.arner@fi1megan.com
`Counsel for Sony Corp. ofAmerica
`
`
`Robert J. Walters, Esq.
`Charles J. Hawkins, Esq.
`
`MCDERMOTT WILL & EMERY LLP
`
`
`
`500 North Capitol Street, NW.
`Washington, DC 20001
`(202) 756-8019
`rwalterngmweeom
`chawkins@mwe.com
`Counselfor Hewlett—Packard Co.
`
`Respectfully submitted,
`
`July 24, 2014
`
`(Reg. # 34,425)
`Michael J. s
`WINSTON & RAWN LLP
`
`200 Park Ave.
`
`New York, NY 10166—4193
`T: 212.294.6700
`
`F: 212.294.4700
`
`mscheer@winston.com
`Attorneyfor Petitioner Dell Inc.
`
`NY: 1 6424291
`
`

This document is available on Docket Alarm but you must sign up to view it.


Or .

Accessing this document will incur an additional charge of $.

After purchase, you can access this document again without charge.

Accept $ Charge
throbber

Still Working On It

This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.

Give it another minute or two to complete, and then try the refresh button.

throbber

A few More Minutes ... Still Working

It can take up to 5 minutes for us to download a document if the court servers are running slowly.

Thank you for your continued patience.

This document could not be displayed.

We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.

Your account does not support viewing this document.

You need a Paid Account to view this document. Click here to change your account type.

Your account does not support viewing this document.

Set your membership status to view this document.

With a Docket Alarm membership, you'll get a whole lot more, including:

  • Up-to-date information for this case.
  • Email alerts whenever there is an update.
  • Full text search for other cases.
  • Get email alerts whenever a new case matches your search.

Become a Member

One Moment Please

The filing “” is large (MB) and is being downloaded.

Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.

Your document is on its way!

If you do not receive the document in five minutes, contact support at support@docketalarm.com.

Sealed Document

We are unable to display this document, it may be under a court ordered seal.

If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.


Access Government Site

We are redirecting you
to a mobile optimized page.





Document Unreadable or Corrupt

Refresh this Document
Go to the Docket

We are unable to display this document.

Refresh this Document
Go to the Docket