`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`EMC CORPORATION AND VMW ARE, INC.,
`Petitioners,
`
`V.
`
`PERSONAL WEB TECHNOLOGIES, LLC
`Patent Owner
`
`Case IPR2013-00083
`Patent Number 6,415,280
`
`PATENT OWNER'S NOTICE OF APPEAL
`
`
`
`Pursuant to 35 U.S.C. § 142 and 37 C.P.R. § 90.2(a), Patent Owner hereby
`
`appeals to the United States Court of Appeals for the Federal Circuit from the Final
`
`Written Decision entered on May 15, 2014, and from all orders, decisions, rulings,
`
`and opinions underlying or supporting the Final Written Decision.
`
`For the limited purpose of providing the Director with the information
`
`requested in 37 C.P.R. § 90.2(a)(3)(ii), issues on appeal may include but are not
`
`limited to the Board's determinations ofunpatentability of claims and any finding
`
`or determination supporting or relating to such determinations of unpatentability
`
`including but not limited to claim construction issues, whether documents or
`
`portions thereof qualify as "prior art" or a "printed publication" or represent state
`
`of the art as of the effective filing date, admissibility of alleged evidence, the
`
`Board's failure to properly consider evidence of record, Board findings that
`
`conflict with the evidence of record and are not supported by substantial evidence,
`
`as well as all other issues decided adversely to Patent Owner in any orders,
`
`decisions, rulings and opinions.
`
`Patent Owner reserves the right to challenge any finding or determination
`
`supporting or relating to the issues listed above and to challenge any other issues
`
`decided adversely to Patent Owner in the Board's Final Written Decision or in any
`
`other order, decision, ruling, or opinion underlying the Final Written Decision.
`
`Simultaneous with this submission, a copy of this Notice of Appeal is being
`
`-2-
`
`
`
`filed with the Patent Trial and Appeal Board (Board) and the Clerk's Office for the
`
`United States Court of Appeals for the Federal Circuit.
`
`Dated: May 20, 2014
`
`Respectfully submitted,
`
`By: -~.LI----'-r ___ _
`
`. Rho a
`Joseph
`Reg. N . 37,515
`Updeep (Mickey) S. Gill
`Reg. No. 37,334
`Attorneys for Patent Owner,
`PersonalWeb Technologies, LLC
`
`NIXON & V ANDERHYE P.C.
`(Customer No.: 23117)
`901 North Glebe Road
`11th Floor
`Arlington, VA 22203
`Tel: (703) 816-4000
`Fax: (703) 816-4100
`
`-3-
`
`
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that on May 20, 2014, the foregoing PATENT OWNER'S
`
`NOTICE OF APPEAL was electronically filed through the Patent Trial and Appeal
`
`Board's Patent Review Processing System (PRPS). In addition, the original
`
`version of the foregoing PATENT OWNER'S NOTICE OF APPEAL was sent via
`
`overnight delivery by Federal Express to 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, 1 OB20
`600 Dulaney Street
`Alexandria, VA 22314-5793
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that a true and correct copy of the foregoing, PATENT
`
`OWNER'S NOTICE OF APPEAL, was filed electronically on May 20, 2014, with
`
`the Clerk's Office of the United States Court of Appeals for the Federal Circuit:
`
`United States Court Appeal for the Federal Circuit
`717 Madison Place, N.W., Suite 401
`Washington, DC 2000 5
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that a true and correct copy of the foregoing, PATENT
`
`OWNER'S NOTICE OF APPEAL, was served, in accordance with the parties'
`
`
`
`electronic service agreement, by electronic mail on May 20, 2014, on the following
`
`counsel of record for Petitioners:
`
`Peter M. Dichiara - Lead Counsel
`Wilmer Hale
`60 State Street
`Boston, MA 021 09
`(peter.dichiara@wilmerhale.com)
`
`David Cavanaugh- Back-Up Counsel
`Wilmer Hale
`1875 Pennsylvania Avenue
`Washington, DC 20006
`( davidcavanaugh@wilmerhale.com)
`
`
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