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`________________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`________________
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`
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`MASTERCARD INTERNATIONAL INCORPORATED
`Petitioner
`
`v.
`
`D’AGOSTINO, JOHN
`Patent Owner
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`________________
`
`
`
`Case IPR2014-00543
`Patent 8,036,988
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`________________
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`
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`PATENT OWNER’S NOTICE OF APPEAL
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`
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`IPR2014-00543
`U.S. Patent No. 8,036,988
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`Patent Owner’s Notice of Appeal
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`NOTICE OF APPEAL
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`Notice is hereby given, pursuant to 37 C.R.F. § 90.2(a), that Patent Owner
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`
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`John D’Agostino hereby appeals to the United States Court of Appeals for the
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`Federal Circuit from the Final Written Decision entered on August 31, 2015
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`(Paper 28), the Decision Denying Patent Owner’s Request for Rehearing entered
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`on November 10, 2015 (Paper 30), and from all orders, decisions, rulings, and
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`opinions underlying the Final Written Decision.
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`
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`For the limited purpose of providing the Director with information requested
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`in 37 C.F.R. § 90.2(a)(3)(ii), Patent Owner anticipates that the issues on appeal
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`may include the following, as well as any underlying findings, determinations,
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`rulings, decisions, opinions, claim interpretations, or other related issues:
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` Whether the Board erred in finding that claims 1-10, 15-25, 27-33, and
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`35-38 are unpatentable under 35 U.S.C. § 102(b) as anticipated by U.S.
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`Patent No. 6,442,462 (“Cohen”); and
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` Whether the Board erred in finding that claims 11-14, 26, and 34 are
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`unpatentable under 35 U.S.C. § 103(a) as obvious over Cohen in view of
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`U.S. Patent No. 5,826,243 (“Musmanno”).
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`
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`Copies of this Notice of Appeal are being filed simultaneously with the
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`Director of the United States Patent and Trademark Office, the Patent Trial and
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`1
`
`
`
`
`IPR2014-00543
`U.S. Patent No. 8,036,988
`
`Patent Owner’s Notice of Appeal
`
`Appeal Board, the Clerk’s Office for the United States Court of Appeals for the
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`Federal Circuit, and served on the Petitioner.
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`Respectfully Submitted,
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`
`
`By: /s/ Stephen Lewellyn
`Stephen J. Lewellyn (Reg. No. 51,942)
`Brittany J. Maxey (Reg. No. 57,621)
`Maxey Law Offices, PLLC
`100 Second Avenue South
`Suite 401 North Tower
`St. Petersburg, Florida 33701
`Telephone: 727-230-4949
`Facsimile: 727-230-4827
`s.lewellyn@maxeyiplaw.com
`b.maxey@maxeyiplaw.com
`Attorneys for Patent Owner,
`John D’Agostino
`
`
`
`
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`Dated: January 8, 2016
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`2
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`
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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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`
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`
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`Patent Trial and Appeal Board’s Patent Review Processing System (PRPS), the
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`original version of the foregoing Patent Owner’s Notice of Appeal was filed by
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`Express Mail (Express Mail Label No. EK 625286985 US) on this 8th day of
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`January 2016, with the Director of the United States Patent and Trademark
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`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
`United States Patent and Trademark Office
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
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`
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`CERTIFICATE OF FILING
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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 filed with the Clerk’s Office of the United States
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`Court of Appeals for the Federal through the federal courts’ Case Management
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`and Electronic Case Files (CM/EFC) system on 8th day of January 2016.
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`CERTIFICATE OF SERVICE
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`The undersigned certifies that a true and correct copy of the foregoing
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`
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`Patent Owner’s Notice of Appeal was served by agreed-upon E-mail on the
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`following counsel of record for the Petitioner:
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`Robert Scheinfeld, Lead Counsel
`Baker Botts LLP
`30 Rockefeller Plaza, 44th Floor
`New York, New York 10112-4498
`Service Email: robert.scheinfeld@bakerbotts.com
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`
`
`
`
`Eliot Williams, Back-up Counsel
`Baker Botts LLP
`1001 Page Mill Road
`Building One, Suite 200
`Palo Alto, California 94304-1007
`Service Email: eliot.williams@bakerbotts.com
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`Dated: January 8, 2016
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`
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`
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`Respectfully submitted,
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`/s/Stephen Lewellyn
`Stephen J. Lewellyn
`Reg. No. 51,942
`Attorney for Patent Owner
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