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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`ZOLL LIFECOR CORPORATION
`Appellant,
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`v.
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`MICHELLE K. LEE, Deputy Director, United States
`Patent and Trademark Office,
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`and
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`PHILIPS ELECTRONICS NORTH AMERICA CORPORATION
`Patent Owner-Appellee
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`Case IPR2013-00609
`Patent 5,836,978
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`NOTICE OF APPEAL TO THE UNITED STATES COURT OF APPEALS
`FOR THE FEDERAL CIRCUIT BY ZOLL LIFECOR CORPORATION
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`Case IPR2013-00609
`Attorney Docket No: 38855-0004IP1
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`Notice is hereby given that Petitioner, ZOLL LIFECOR CORPORATION
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`(“ZOLL LIFECOR”) hereby appeals to the United States Court of Appeals for the
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`Federal Circuit for the instant matter, Case IPR2013-00609, ZOLL LIFECOR
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`CORPORATION v. PHILIPS ELECTRONICS NORTH AMERICA
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`CORPORATION.
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`ZOLL LIFECOR appeals the decision denying Institution of Inter Partes
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`Review, paper 15, entered March 20, 2014, by the Patent Trials and Appeals
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`Board. The appellee is the United States Patent and Trademark Office as
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`represented by Deputy Director, Michelle K. Lee. Jurisdiction for the appeal is
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`founded at least upon two wholly separate bases:
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` 28 U.S.C. § 1295(a)(4)(A) (granting the Federal Circuit jurisdiction
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`“with respect to a patent application, derivation proceeding,
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`reexamination, post-grant review, or inter partes review under title
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`35), alone or in combination with 35 U.S.C. §§ 311 (establishing inter
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`partes review under title 35), 312 (governing requirements for naming
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`real party in interest), and 315 (governing requirements for inter
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`partes review to be filed within “1 year after the date on which the
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`petitioner, real party in interest, or privy of the petitioner is served
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`with a complaint alleging infringement of the patent.”).
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`2
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`Case IPR2013-00609
`Attorney Docket No: 38855-0004IP1
` 28 U.S.C. § 1295(a)(4)(A) and 35 U.S.C. § 314 (governing
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`authorization of review based on “a reasonable likelihood that the
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`petitioner would prevail with respect to at least one of the claims
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`challenged in the petition”). ZOLL LIFECOR recognizes that this
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`latter basis for jurisdiction is presently foreclosed by the panel
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`decision in St. Jude Med., Cardiology Div., Inc. v. Volcano Corp., ---
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`F.3d ---, 2014 WL 1623676 (Fed. Cir. Apr. 24, 2014), and has
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`identified the basis for jurisdiction in order to preserve the issue for
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`later review.
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`ZOLL LIFECOR also appeals all other opinions, orders, findings, or rulings
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`prior to, during, or after the final decision, including but not limited to the denial of
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`the Institution of Inter Partes Review.
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`Respectfully submitted,
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`/John C. Phillips/
`John C. Phillips
`Reg. No. 35,322
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`3
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`Date: May 21, 2014
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`Fish & Richardson P.C.
`Telephone: (858) 678-4304
`Facsimile: (877) 769-7945
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`Case IPR2013-00609
`Attorney Docket No: 38855-0004IP1
`CERTIFICATE OF SERVICE
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`I, John C. Phillips, certify that the documents referenced below:
`NOTICE OF APPEAL TO THE UNITED STATES COURT OF APPEALS
`FOR THE FEDERAL CIRCUIT BY ZOLL LIFECOR CORPORATION
`was caused to be served on May 21, 2014, upon counsel of record in this
`matter either by causing them to be delivered by electronic mail;
`electronically filing the documents with the Patent Trials and Appeals
`Board’s PRPS system; or by service by US First Class Mail and Express
`Mail, as follows:
`United States Patent and Trademark Office (by Express Mail)
`Office of the General Counsel,
`10B20, Madison Building East, 600 Dulany Street
`Alexandria, Virginia 22314-5793
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`United States Court of Appeals for the Federal Circuit (by US mail)
`717 Madison Place NW, Washington, D.C. 20005
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`J. Michael Jakes (by email) mike.jakes@finnegan.com,
`PTABdocket@finnegan.com, Philips-Zoll@finnegan.com
`Finnegan, Henderson, Farabow, Garrett & Dunner, L.L.P.
`901 New York Avenue, NW, Washington, DC 20001-4413
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`Denise W. DeFranco (by email) denise.defranco@finnegan.com
`Finnegan, Henderson, Farabow, Garrett & Dunner, L.L.P.
`Two Seaport Lane, 6th Floor, Boston, MA 02210-2001
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` /John C. Phillips/
`John C. Phillips
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`4
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