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`Paper No. 40
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`BEFORE THE PATENT TRIALAND APPEAL BOARD
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`DELL INC., HEWLETT-PACKARD COMPANY,
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`and NETAPP, INC.,
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`Petitioners,
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`V.
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`ELECTRONICS AND TELECOMMUNICATIONS
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`RESEARCH INSTITUTE
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`Patent Owner.
`
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`Case IPR2013-00635
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`Patent 6,978,346 B2
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`Before BRIAN J. McNAMARA, MIRIAM L. QUINN, and
`GREGG I. ANDERSON, Administrative Patent Judges
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`PETITIONERS DELL INC., HEWLETT-PACKARD COMPANY AND
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`NETAPP. INC.’S NOTICE OF APPEAL
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`
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`IPR2013-00635
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`Patent 6,978,346
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`Director of the United States Patent and Trademark Office
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`c/o Office of the General Counsel
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`Madison Building East, 10B20
`600 Dulany Street
`Alexandria, VA 22314-5793
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`Notice is hereby given, pursuant to 37 C.F.R. § 90.2(a), that Petitioners Dell
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`Inc., Hewlett-Packard Company, and NetApp, Inc. (collectively “Petitioners”)
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`hereby appeal to the United States Court of Appeals for the Federal Circuit from
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`the Final Written Decision entered on February 27, 2015 (Paper 39), and from all
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`underlying orders, decisions, rulings and opinions.
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`In accordance with 37 C.F.R. § 90.2(a)(3)(ii), Petitioners further indicate
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`that the issues on appeal include, but are not limited to, the Patent Trial and Appeal
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`Board’s (1) claim construction of certain terms in claims l-3 and 5-8 of US. Patent
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`No. 6,978,346 (“the ’346 patent”), (2) determination that claims l-3 and 5-8 of the
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`’346 patent are not anticipated by US. Patent No. 5,574,950 under 35 U.S.C.
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`§ 102, (4) and any factual findings, conclusions of law, or other determinations
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`supporting or related to those issues, as well as all other issues decided adversely to
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`Petitioners in any orders, decisions, rulings, and opinions.
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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. 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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`IPR2013-00635
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`Patent 6,978,346
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`Clerk’s Office for the United States Court of Appeals for the Federal Circuit.
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`Dated: April 30, 2015
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`Respectfully submitted,
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`/DaVid L. McCombs/
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`David L. McCombs
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`Registration No. 32,271
`Counsel for Petitioners
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`HAYNES AND BOONE, LLP
`2323 Victory Avenue, Suite 700
`Dallas, Texas 75219
`Telephone: 214-651-5333
`Facsimile: 972-692-91 l6
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`Attorney Docket No.: 47415430
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`
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`IPR2013-00635
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`Patent 6,978,346
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`CERTIFICATE OF FILING
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`I hereby certify that, in addition to being filed electronically through the
`Board's PRPS System, the original version of the foregoing, PETITIONERS
`DELL INC., HEWLETT-PACKARD COMPANY AND NETAPP. INC.,’S
`NOTICE OF APPEAL, was filed by hand on this 30th day of April, 2015, with
`the Director of the United States Patent and Trademark Office, at the following
`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
`
`I hereby certify that three (3) true and correct copies of the foregoing,
`PETITIONERS DELL INC., HEWLETT-PACKARD COMPANY AND
`NETAPP. INC.,’S NOTICE OF APPEAL, were filed by hand on this 30th day
`of April, 2015, with the Clerk’s Office of the United States Court of Appeals for
`the 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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`
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`IPR2013-00635
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`Patent 6,978,346
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`CERTIFICATE OF SERVICE
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`I hereby certify that on this 30th day of April, 2015, a copy of the foregoing,
`PETITIONERS DELL INC., HEWLETT-PACKARD COMPANY AND
`NETAPP. INC.,’S NOTICE OF APPEAL, including all exhibits, has been
`served in its entirety by electronic mail on the following counsel of record for
`Patent Owner:
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`Mathew Phillips
`Derek Meeker
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`RENAISSANCE IP LAW GROUP LLP
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`9600 SW Oak Street, Suite 560, Portland, Oregon 97223
`matthew.phillips@renaissanceiplaw.com derek.meeker@renaissanceiplaw.com
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`Alexander Giza
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`RUSS AUGUST & KABAT
`12424 Wilshire Boulevard, 12th Floor, Los Angeles, California 90025
`agiza@raklaw.com
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`Dated: April 30, 2015
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`
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`
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`/David L. McCombs/
`David L. McCombs
`
`Registration No. 32,271
`Counsel for Petitioners
`
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