UNITED STATES PATENT AND TRADEMARK OFFICE
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`_______________
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`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`_______________
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`FACEBOOK, INC., LINKEDIN CORP., and TWITTER, INC.,
`Petitioner,
`
`v.
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`SOFTWARE RIGHTS ARCHIVE, LLC,
`Patent Owner.
`
`_______________
`
`
`Case IPR2013-00480
`Patent 5,832,494
`
`_______________
`
`Before SALLY C. MEDLEY, CHRISTOPHER L. CRUMBLEY, and
`BARBARA A. PARVIS, Administrative Patent Judges.
`
`_______________
`
`PATENT OWNER’S NOTICE OF APPEAL
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`_______________
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`_______________
`
`
`FACEBOOK, INC., LINKEDIN CORP., and TWITTER, INC.,
`Petitioner,
`
`v.
`
`SOFTWARE RIGHTS ARCHIVE, LLC,
`Patent Owner.
`
`_______________
`
`
`Case IPR2013-00480
`Patent 5,832,494
`
`_______________
`
`Before SALLY C. MEDLEY, CHRISTOPHER L. CRUMBLEY, and
`BARBARA A. PARVIS, Administrative Patent Judges.
`
`_______________
`
`PATENT OWNER’S NOTICE OF APPEAL
`
`
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`
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`
`
`
`
`Case IPR2013-00480
`Patent 5,832,494
`
`
`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
`
`
`
`Notice is hereby given, pursuant to 37 C.F.R. § 90.2(a), that Patent Owner
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`Software Rights Archive, LLC hereby appeals to the United States Court of
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`Appeals for the Federal Circuit from the Final Written Decision entered on January
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`30, 2015 (Paper 55), and from all underlying orders, decisions, rulings and
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`opinions, including without limitation the Decision on the Institution of Inter
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`Partes Review entered on February 3, 2014 (Paper 17).
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`
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`In accordance with 37 C.F.R. § 90.2(a)(3)(ii), Patent Owner further indicates
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`that the issues on appeal may include, but are not limited to:
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`1. Whether the Patent Trial and Appeal Board’s claim construction was
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`correct, including at least the claim terms “cluster link” and “candidate cluster
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`link.”
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`2.
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`The Patent Trial and Appeal Board’s determination of unpatentability
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`of claim 14 of U.S. Patent No. 5,832,494 under 35 U.S.C. § 102; and
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`3.
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`Any finding, claim interpretation, or determination supporting or
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`related to those issues, as well as all other issues decided adversely to Patent
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`Owner in any orders, decisions, rulings and opinions.
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`
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`1
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`
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`Simultaneous with this submission, a copy of the Notice of Appeal is being
`
`Case IPR2013-00480
`Patent 5,832,494
`
`
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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.
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`
`
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`Date: April 1, 2015
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`
`
`By:
`
`
`Respectfully submitted,
`/s/ Martin M. Zoltick
`Martin M. Zoltick, Reg. No. 35,745
`Nancy J. Linck, Reg. No. 31,920
`Soumya P. Panda, Reg. No. 60,447
`ROTHWELL, FIGG, ERNST &
`MANBECK, P.C.
`607 14th Street, N.W., Suite 800
`Washington, DC 20005
`Phone: 202-783-6040
`Facsimile: 202-783-6031
`Emails: mzoltick@rfem.com
` nlinck@rfem.com
` spanda@rfem.com
`
`Victor G. Hardy, Pro Hac Vice
`DINOVO PRICE ELLWANGER &
`HARDY LLP
`7000 North MoPac Expressway
`Suite 350
`Austin, TX 78731
`Phone: 214-948-3334
`Facsimile: 214-853-9410
`Email: vhardy@dpelaw.com
`
`Attorneys for Patent Owner
`Software Rights Archive, LLC
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`2
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`Case IPR2013-00480
`Patent 5,832,494
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`CERTIFICATE OF FILING
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`I hereby certify that, in addition to being filed electronically through the
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`Board’s PRPS System, the original version of the foregoing, PATENT OWNER’S
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`NOTICE OF APPEAL, was filed by hand on this 1st day of April, 2015, with the
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`Director of the United States Patent and Trademark Office, at the following
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`address:
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`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
`
`
`CERTIFICATE OF FILING
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`I hereby certify that three (3) true and correct copies of the foregoing,
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`PATENT OWNER’S NOTICE OF APPEAL, were filed by hand on this 1st day of
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`April, 2015, with the Clerk’s Office of the United States Court of Appeals for the
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`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
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`3
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`Case IPR2013-00480
`Patent 5,832,494
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`CERTIFICATE OF SERVICE
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`I hereby certify that a true and correct copy of the foregoing, PATENT
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`
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`OWNER’S NOTICE OF APPEAL, was served, in accordance with the parties’
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`electronic service agreement, by electronic mail on this 1st day of April, 2015,
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`upon the following lead, backup and pro hac vice counsel of record for Petitioners
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`Facebook, Inc., LinkedIn Corp. and Twitter, Inc.:
`
`
`
`Heidi L. Keefe – Lead Counsel for all Petitioners
`Cooley LLP
`1299 Pennsylvania Ave., N.W., Suite 700
`Washington, DC 20004
`Ph: 650-843-5001
`Fx: 650-849-7400
`E-mail: hkeefe@cooley.com
`
`Mark R. Weinstein – Pro Hac Vice Backup Counsel for Facebook, Inc.
`Cooley LLP
`1299 Pennsylvania Ave., N.W., Suite 700
`Washington, DC 20004
`Ph: 650-843-5007
`Fx: 650-849-7400
`E-mail: mweinstein@cooley.com
`
`David Silbert – Pro Hac Vice Backup Counsel for LinkedIn Corp. and Twitter, Inc.
`Keker & Van Nest LLP
`633 Battery Street
`San Francisco, CA 94111
`Ph: 415-391-5400
`Fx: 415-397-7188
`E-mail: djs@kvn.com
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`4
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`Case IPR2013-00480
`Patent 5,832,494
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`Asim M. Bhansali – Pro Hac Vice Counsel for LinkedIn Corp. and Twitter, Inc.
`Keker & Van Nest LLP
`633 Battery Street
`San Francisco, CA 94111
`Ph: 415-391-5400
`Fx: 415-397-7188
`E-mail: abhansali@kvn.com
`
`Sharif E. Jacobs – Pro Hac Vice Counsel for LinkedIn Corp. and Twitter, Inc.
`Keker & Van Nest LLP
`633 Battery Street
`San Francisco, CA 94111
`Ph: 415-391-5400
`Fx: 415-397-7188
`E-mail: sjacob@kvn.com
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`/s/ Erik van Leeuwen
`Erik van Leeuwen
`Litigation Operations Coordinator
`Rothwell, Figg, Ernst & Manbeck, P.C.
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`5
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