Filed on behalf of: Wi-Fi One, LLC
`
`
`Paper No. 66
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`___________________
`
`
`BROADCOM CORPORATION,
`
`Petitioner,
`
`V.
`
`WI-FI ONE, LLC,
`
`Patent Owner.
`
`___________________
`
`CASE NO.: IPR2013-00636
`PATENT NO. 6,424,625 B1
`___________________
`
`PATENT OWNER’S NOTICE OF APPEAL
`
`
`
`
`
`Paper No. 66
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`___________________
`
`
`BROADCOM CORPORATION,
`
`Petitioner,
`
`V.
`
`WI-FI ONE, LLC,
`
`Patent Owner.
`
`___________________
`
`CASE NO.: IPR2013-00636
`PATENT NO. 6,424,625 B1
`___________________
`
`PATENT OWNER’S NOTICE OF APPEAL
`
`
`
`
`IPR2013-00636
`Patent 6,424,625 B1
`
`
`
`In accordance with 35 U.S.C. §§ 141-142, 319 and 37 CFR § 90.2(a), 90.3,
`
`Patent Owner Wi-Fi One, LLC (“Wi-Fi One”) appeals to the United States Court
`
`of Appeals for the Federal Circuit from the Final Written Decision of the Patent
`
`Trial and Appeal Board (the “Board”) entered on March 6, 2015 (Paper No. 60)
`
`(the “Final Written Decision”) and the Board’s Decision on Patent Owner’s
`
`Request for Rehearing entered on June 1, 2015 (Paper No. 65) (the “Rehearing
`
`Decision”), and from all underlying orders, decisions, rulings, opinions and/or
`
`findings, including without limitation the Board’s Decision on Institution of Inter
`
`Partes Review entered on March 10, 2014 (Paper No. 25) regarding Wi-Fi One’s
`
`U.S. Patent No. 6,424,625.
`
`For the limited purposes of compliance with 37 C.F.R. § 90.2(a)(3)(ii), Wi-
`
`Fi One expects that the issues on appeal may include the following, along with any
`
`underlying findings, determinations, rulings, opinions, orders, decisions, or other
`
`related issues:
`
`• The Board’s determination of unpatentability of claim 1 of U.S. Patent
`
`6,424,625 (the “’625 patent”), under 35 U.S.C. § 102(b), and any
`
`finding or determination (factual or legal) supporting that
`
`determination;
`
`NOTICE OF APPEAL
`
`1
`
`IPR2013-00601
`
`
`
`IPR2013-00636
`Patent 6,424,625 B1
`• The Board’s determination that it had invalidation authority to render
`
`its Final Written Decision;
`
`• The Board’s determination that this Petition is not barred by 35 U.S.C.
`
`§ 315(b), and any other finding or determination (factual or legal)
`
`supporting or related to this determination;
`
`• The Board’s failure to terminate this Petition after institution under 35
`
`U.S.C. § 315(b), and any other finding or determination (legal or
`
`factual) supporting or related to this failure; and
`
`• The Board’s decision to deny Wi-Fi One’s motion for additional
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`discovery related to the issue of real-party-in-interest or privity under
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`35 U.S.C. § 315(b), and any other finding or determination (legal or
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`factual) supporting or related to this determination.
`
`Wi-Fi One reserves the right to challenge any finding or determination
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`supporting or related to the issues listed above and to challenge the other issues
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`decided adversely to Wi-Fi One in the Board’s Final Written Decision, the Board’s
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`Decision on Request for Rehearing regarding the Final Written Decision, and/or
`
`any orders, decisions, or rulings underlying the Board’s Final Written Decision or
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`Decision on Request for Rehearing regarding the same.
`
`Copies of this Notice of Appeal are being filed simultaneously with the
`
`Director of the United States Patent and Trademark Office, the Patent Trial and
`
`NOTICE OF APPEAL
`
`2
`
`IPR2013-00601
`
`
`
`IPR2013-00636
`Patent 6,424,625 B1
`Appeal Board, the Court of Appeals for the Federal Circuit, and served on the
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`Petitioner.
`
`
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`NOTICE OF APPEAL
`
`3
`
`IPR2013-00601
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`
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`Dated July 13, 2015
`
`
`
`IPR2013-00636
`Patent 6,424,625 B1
`
`Respectfully submitted,
`
`/s/ Sarah E. Spires
`Sarah E. Spires (Reg. No. 61,501)
`
`Peter Ayers (Reg. No. 38,374)
`Lee & Hayes, PLLC
`11501 Alterra Parkway, Suite 450
`Austin, TX 78758
`Telephone: 512.605.0252
`Fax: 512.605.0252
`Lead Counsel for Patent Owner
`Wi-Fi One, LLC
`
`Sarah E. Spires (Reg. No. 61,501)
`SKIERMONT PUCKETT LLP
`2200 Ross Ave. Ste. 4800W
`Dallas, TX 75201
`P: 214-978-6600/F: 214-978-6601
`First Back-Up Counsel for Patent Owner
`
`J. Christopher Lynch (Reg. No. 34,216)
`Lee & Hayes, PLLC
`601 W. Riverside Ave., Suite 1400
`Spokane, WA 99201
`Telephone: 509.324.9256
`Fax: 509.323.8979
`Attorney for Patent Owner
`Wi-Fi One, LLC
`
`John Shumaker (Reg. No. 52,223)
`Lee & Hayes, PLLC
`11501 Alterra Parkway, Suite 450
`Austin, TX 78758
`Telephone: 512.605.0260
`Fax: 509.323.8979
`Attorney for Patent Owner
`Wi-Fi One, LLC
`
`NOTICE OF APPEAL
`
`4
`
`IPR2013-00601
`
`
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`CERTIFICATE OF FILING
`
`IPR2013-00636
`Patent 6,424,625 B1
`
`The undersigned certifies that on July 13, 2015, in addition to being filed
`electronically through the Patent Trial and Appeal Board’s PRPS System, the
`foregoing PATENT OWNER’S NOTICE OF APPEAL was filed via Express Mail
`with the Director of the United States Patent and Trademark Office, at the
`following address (in accordance with 37 C.F.R. §§ 90.2(a), 104.2):
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Director of the United States Patent and Trademark Office
`c/o Office of the General Counsel
`United States Patent and Trademark Office
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`
`CERTIFICATE OF FILING
`
`Clerk of Court
`United States Court of Appeals for the Federal Circuit
`717 Madison Place NW
`Washington, DC 20005
`
`
`CERTIFICATE OF SERVICE
`
`The undersigned certifies that on July 13, 2015, a true and correct copy of
`the foregoing PATENT OWNER’S NOTICE OF APPEAL was filed via Express
`Mail with the Clerk’s Office of the United States Court of Appeals for the Federal
`Circuit at the following address:
`
`The undersigned certifies that on July 13, 2015 the foregoing PATENT
`OWNER’S NOTICE OF APPEAL was served via email on Lead and Back up
`Counsel for Broadcom Corporation identified in Broadcom’s Mandatory Notices,
`whom consented to electronic service:
`
`Dominic E. Massa, Lead Counsel
`Zachary Piccolomini, Back-up Counsel
`Wilmer Cutler Pickering Hale and Dorr, LLP
`60 State Street
`Boston, MA 02109
`Dominic.massa@wilmerhale.com
`Zachary.piccolomini@wilmerhale.com
`
`
`
`
`
`
`
`IPR2013-00636
`Patent 6,424,625 B1
`
`Skiermont Puckett LLP
`
`/s/ Sarah E. Spires
`Sarah E. Spires (Reg. No. 61,501)
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