`By: Dianne B. Elderkin (delderkin@akingump.com)
`Steven D. Maslowski (smas1owski@akingump.com)
`AKIN GUMP STRAUSS HAUER & FELD LLP
`
`Paper No. _
`Date Filed: Oct. 2, 2014
`
`Two Commerce Square
`2001 Market Street, Suite 4100
`Philadelphia, PA 19103
`Tel: (215) 965-1200
`Fax: (215)965-1210
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`PHARMATECH SOLUTIONS, INC.
`Petitioner
`
`V.
`
`LIFESCAN SCOTLAND LTD.
`
`Patent Owner
`
`Case IPR2013-00247
`
`Patent 7,250,105
`
`LIFESCAN SCOTLAND LTD.’S NOTICE OF APPEAL
`
`
`
`Case: IPR201 3-00247
`
`U.S. Patent No. 7,250,105
`
`Patent Owner LifeScan Scotland Ltd. (“LifeScan”) hereby gives notice to
`
`the Director of the Patent and Trademark Office, pursuant to 35 U.S.C. §§ 141(c)
`
`and 142, and 37 C.F.R. §§ 90.2(a) and 90.3(a), of its appeal to the United States
`
`Court of Appeals for the Federal Circuit from the Final Written Decision of the
`
`Patent Trial and Appeal Board (“Board”), entered on August 6, 2014 (Paper No.
`
`27), and from all of the Board’s orders, decisions, rulings, and opinions underlying
`
`its Final Written Decision.
`
`In accordance with 37 C.F.R. § 90.2(a)(3)(ii), LifeScan anticipates that the
`
`issues on appeal may include, but are not limited to, (1) the Board’s decision to
`
`institute review; (2) whether the Board erred in holding claims 1-3 of the ’ 105
`
`Patent unpatentable under 35 U.S.C. § l03(a), including whether (a) the Board
`
`misapplied the burden of proof in its obviousness analysis, (b) the Board’s failure
`
`to properly consider LifeScan’s unrebutted evidence, and (c) whether the Board
`
`erred in its analysis of the objective evidence of nonobviousness; and, (3) any
`
`other finding or determination supporting or related to the foregoing issues, as well
`
`as other issues decided adversely to LifeScan in any orders, decisions, rulings, or
`
`opinions.
`
`
`
`Simultaneous with this submission, a copy of this Notice of Appeal is being
`
`filed with the Board and with the Clerk’s Office for the United States Court of
`
`Appeals for the Federal Circuit.
`
`Respectfully submitted,
`
`Date: October 2, 2014
`
`Q4/aw /5 5€¢€<(”:"-
`
`Dianne B. Elderkin
`
`Registration No. 28,598
`Steven D. Maslowski
`
`Registration No. 46,905
`Counsel for Patent Owner
`
`
`
`CERTIFICATE OF SERVICE
`
`Pursuant to 37 C.F.R. §§ 90.2(a)(1) and 104.2(b), the undersigned hereby
`
`certifies that on October 2, 2014, in addition to being filed electronically with the
`
`Board through the Board’s Patent Review Processing System, the original
`
`foregoing Notice of Appeal was served 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
`
`Office of the General Counsel
`
`1OB20, Madison Building East
`600 Dulany St.
`Alexandria, VA
`
`CERTIFICATE OF SERVICE
`
`Pursuant to 37 C.F.R. § 90.2(a)(2) and Federal Circuit Rule l5(a)(1), the
`
`undersigned hereby certifies that on October 2, 2014, the requisite fee for the
`
`appeal and three (3) copies of the foregoing Notice of Appeal were served by hand
`
`on the Clerk of Court of the United States Court of Appeals for the Federal Circuit
`
`at the following address:
`
`Clerk of Court
`
`United States Court of Appeals for the Federal Circuit
`717 Madison Place, NW, Room 401
`Washington, DC 20439
`
`
`
`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies that a copy of the foregoing Notice of
`
`Appeal was served on counsel of record for Petitioner Pharmatech Solutions, Inc.
`
`on October 2, 2014, by filing this document through the Patent Review Processing
`
`System, as well as delivering a copy via overnight mail to the counsel of record for
`
`Petitioner at the following address:
`
`William A. Rudy
`Lathrop & Gage LLP
`2345 Grand Blvd.
`
`Suite 2200
`
`Kansas City, MO 64108
`wrudy@lathropgage.com
`
`A. Justin Poplin
`Lathrop & Gage LLP
`10851 Mastin Boulevard
`
`Building 82, Suite 1000
`Overland Park, KS 66210-1669
`jpoplin@1athropgage.com
`
`Date: October 2, 2014
`
`By: Mérctce, Z7 fffiévflf-‘L’
`Dianne B. Elderkin
`
`Registration No. 28,598
`Counsel for Patent Owner
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