UNITED STATES PATENT AND TRADEMARK OFFICE
`
`_______________________________
`
`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 HEWLETT-PACKARD CO.’S NOTICE OF APPEAL
`
`
`
`
`
`
`1 Cases IPR2013-00385 and IPR2013-00495 have been joined with this proceeding.
`
`
`
`
`
`_______________________________
`
`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 HEWLETT-PACKARD CO.’S NOTICE OF APPEAL
`
`
`
`
`
`
`1 Cases IPR2013-00385 and IPR2013-00495 have been joined with this proceeding.
`
`
`
`
`
`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
`
`Hewlett-Packard Co. (“HP”) 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) and modified on June 11,
`
`2013 (Paper No. 21); and within the Decision on Institution of Inter Partes Review
`
`and motion to join HP and Sony Corporation of America entered on September 16,
`
`2013 (Paper Nos. 12, 13 in IPR2013-00495, joined with IPR2013-00071 (Paper
`
`No. 49) on September 16, 2013). Each of Petitioners Avaya, Dell, and Sony are
`
`concurrently filing notices of appeal in this matter.
`
`In accordance with 37 C.F.R. § 90.2(a)(3)(ii), HP states that the issues on
`
`appeal include, but are not limited to: the decision of the Patent Trial and Appeal
`
`Board denying Petitioners’ petition to cancel claims 6 and 9 of U.S. 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
`
`Page 2 of 3
`
`
`
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`the Patent Trial and Appeal Board; the dismissal by the Patent Trial and Appeal
`
`Case IPR 2013-00071
`U.S. Patent No. 6,218,930
`
`Board of Petitioners’ motion to exclude evidence; and any finding or determination
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`supporting or relating to those issues, as well as all other issues decided adversely
`
`to Petitioners 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 required docketing fees, are being filed with the
`
`Clerk’s Office for the United States Court of Appeals for the Federal Circuit.
`
`Respectfully submitted,
`
`____________________________
`Robert J. Walters, Reg. No. 40,862
`Charles J. Hawkins, Reg. No. 62,831
`McDERMOTT WILL & EMERY LLP
`The McDermott Building
`500 North Capitol Street, NW
`Washington, DC 20001
`
`Counsel for Petitioner
`Hewlett-Packard Co.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`July 24, 2014
`
`
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`
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`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
`
`and served electronically through the Board’s PRPS System (by counsel for
`
`Avaya), a true and correct copy of the foregoing “PETITIONER HEWLETT-
`
`PACKARD CO.’S NOTICE OF APPEAL,” was filed by hand with the Director of
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`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 HEWLETT-PACKARD CO.’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 “PETITIONER HEWLETT-PACKARD CO.’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
`
`
`
`
`
`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.
`
`Jeffrey D. Sanok, Esq.
`Jonathan Lindsay, Esq.
`CROWELL & MORING LLP
`1001 Pennsylvania Avenue NW
`Washington, D.C. 20004-2595
`(202) 624-2995
`AV1-PRPS@Crowell.com
`JSanok@Crowell.com
`JLindsay@Crowell.com Counsel for
`Avaya, Inc.
`
`Respectfully submitted,
`
`__________________________________
`Robert J. Walters, Reg. No. 40,862
`McDERMOTT WILL & EMERY LLP
`The McDermott Building
`500 North Capitol Street, NW
`Washington, DC 20001
`
`Counsel for Petitioner
`Hewlett-Packard Co.
`
`
`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
`
`
`
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`
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`
`
`
`July 24, 2014
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