`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_____________
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`TARGET CORPORATION
`Petitioner
`
`v.
`
`DESTINATION MATERNITY CORPORATION
`Patent Owner
`_____________
`
`Case No. IPR2013-00532
`Patent RE43,531 E
`_____________
`
`Dated: February 24, 2015
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`Before JENNIFER S. BISK, MICHAEL J. FITZPATRICK, and
`MITCHELL G. WEATHERLY, Administrative Patent Judges.
`
`PATENT OWNER DESTINATION MATERNITY CORPORATION'S
`NOTICE OF APPEAL
`
`EAST\95862674.1
`
`
`
`Director of the United States Patent and Trademark Office
`c/o Office of the General Counsel
`Madison Building East, 10B20
`600 Dulaney Street
`Alexandria, VA 22314-5793
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`Notice is hereby given, pursuant to 37 C.F.R. § 90.2(a), that Patent Owner
`
`Destination Maternity Corporation ("DMC") hereby appeals to the United States
`
`Court of Appeals for the Federal Circuit from the Final Written Decision entered
`
`on February 12, 2015 (Paper 76) (the "Final Written Decision"), finding claims 1,
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`2, 5, 6, 10, 11, and 15–17 of U.S. Patent No. RE43,531 E unpatentable; and from
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`all underlying orders, decisions, rulings, and opinions leading to this Final Written
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`Decision.
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`In accordance with 37 C.F.R. § 90.2(a)(3)(ii), DMC further indicates that the
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`issues on appeal include, but are not limited to, the Patent Trial and Appeal Board's
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`(1) claim construction (or lack thereof) for “just beneath the wearer’s breast area”,
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`(2) determination of unpatentability of claim 1 under 35 U.S.C. § 102 and, by
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`interdependence, the determination of unpatentability of claims 2, 5, 6, 10, 11, and
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`15–17; and (3) any finding or determination supporting or related to those issues,
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`as well as all other issues decided adversely to DMC in any orders, decisions,
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`rulings and opinions.
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`EAST\95862674.1
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`Simultaneous with this submission, a copy of this Notice of Appeal is being
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`filed with the Patent Trial and Appeal Board and the Clerk's Office for the United
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`States Court of Appeals for the Federal Circuit.
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`Dated: February 24, 2015
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`Respectfully submitted,
`
`DLA PIPER LLP (US)
`/s/ Paul Taufer
`Paul A. Taufer (USPTO Reg. No.
`35,703)
`Michael L. Burns (USPTO Reg. No.
`57,593)
`DLA Piper LLP (US)
`One Liberty Place
`1650 Market Street, Suite 4900
`Philadelphia, PA 19103
`Phone: (215) 656-3385
`Facsimile: (215) 606-3385
`paul.taufer@dlapiper.com
`michael.burns@dlapiper.com
`
`Stuart Pollack (USPTO Reg. No.
`43,862)
`DLA Piper LLP (US)
`1251 Avenue of the Americas
`27th Floor
`New York, NY 10020-1104
`Phone: (212) 335-4964
`Facsimile: (212) 884-
`stuart.pollack@dlapiper.com
`
`Attorneys for Patent Owner, Destination
`Maternity Corporation
`
`EAST\95862674.1
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`CERTIFICATE OF SERVICE
`
`I hereby certify that, in addition to being filed electronically through the
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`Patent Trial and Appeal Board's Patent Review Processing System (PRPS) on this
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`24th day of February, 2015, the original version of the foregoing, PATENT
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`OWNER DESTINATION MATERNITY CORPORATION'S NOTICE OF
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`APPEAL, was sent via overnight delivery on this 24th day of February, 2015, with
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`the 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
`P.O. Box 1450
`Alexandria, VA 22313-1450
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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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`OWNER DESTINATION MATERNITY CORPORATION'S NOTICE OF
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`APPEAL, was sent via overnight delivery on this 24th day of February, 2015 to the
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`Clerk's Office of the United States Court of Appeals for the Federal Circuit:
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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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`EAST\95862674.1
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`CERTIFICATE OF SERVICE
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`Pursuant to 37 CFR §§ 42.6 and 42.120, the undersigned certifies that a true
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`and correct copy of the foregoing, PATENT OWNER DESTINATION
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`MATERNITY CORPORATION'S NOTICE OF APPEAL, was provided via email
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`to the Petitioner by serving the email correspondence address of record as follows
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`on this 24th day of February, 2015:
`
`R. Trevor Carter
`Daniel M. Lechleiter
`Faegre Baker Daniels LLP
`300 N. Meridian Street, Suite 2700
`Indianapolis, Indiana 46204-1750
`Phone: (317) 237-0300
`Fax: (317) 237-1000
`trevor.carter@FaegreBD.com
`daniel.lechleiter@FaegreBD.com
`
`/s/ Paul Taufer
`Paul A. Taufer
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`EAST\95862674.1
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