`
`________________
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`________________
`
`
`
`MASTERCARD INTERNATIONAL INCORPORATED
`Petitioner
`
`v.
`
`D’AGOSTINO, JOHN
`Patent Owner
`
`________________
`
`
`
`Case IPR2014-00544
`Patent 7,840,486
`
`________________
`
`
`
`PATENT OWNER’S NOTICE OF APPEAL
`
`
`
`
`
`
`
`
`
`
`IPR2014-00544
`U.S. Patent No. 7,840,486
`
`Patent Owner’s Notice of Appeal
`
`NOTICE OF APPEAL
`
`Notice is hereby given, pursuant to 37 C.R.F. § 90.2(a), that Patent Owner
`
`
`
`John D’Agostino hereby appeals to the United States Court of Appeals for the
`
`Federal Circuit from the Final Written Decision entered on August 31, 2015
`
`(Paper 22), the Decision Denying Patent Owner’s Request for Rehearing entered
`
`on November 10, 2015 (Paper 24), and from all orders, decisions, rulings, and
`
`opinions underlying the Final Written Decision.
`
`
`
`For the limited purpose of providing the Director with information requested
`
`in 37 C.F.R. § 90.2(a)(3)(ii), Patent Owner anticipates that the issues on appeal
`
`may include the following, as well as any underlying findings, determinations,
`
`rulings, decisions, opinions, claim interpretations, or other related issues:
`
` Whether the Board erred in finding that claims 1-15 and 22-30 are
`
`unpatentable under 35 U.S.C. § 102(b) as anticipated by U.S. Patent No.
`
`6,442,462 (“Cohen”); and
`
` Whether the Board erred in finding that claims16-21 are unpatentable
`
`under 35 U.S.C. § 103(a) as obvious over Cohen in view of U.S. Patent
`
`No. 5,826,243 (“Musmanno”).
`
`
`
`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
`
`1
`
`
`
`
`IPR2014-00544
`U.S. Patent No. 7,840,486
`
`Patent Owner’s Notice of Appeal
`
`Appeal Board, the Clerk’s Office for the United States Court of Appeals for the
`
`Federal Circuit, and served on the Petitioner.
`
`Respectfully Submitted,
`
`
`
`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
`
`
`
`
`
`Dated: January 8, 2016
`
`2
`
`
`
`
`CERTIFICATE OF FILING
`
`I hereby certify that, in addition to being filed electronically through the
`
`
`
`
`
`Patent Trial and Appeal Board’s Patent Review Processing System (PRPS), the
`
`original version of the foregoing Patent Owner’s Notice of Appeal was filed by
`
`Express Mail (Express Mail Label No. EK 625286985 US) on this 8th day of
`
`January 2016, with the Director of the United States Patent and Trademark
`
`Office, at the following address:
`
`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
`
`I hereby certify that a true and correct copy of the foregoing Patent
`
`
`
`Owner’s Notice of Appeal was filed with the Clerk’s Office of the United States
`
`Court of Appeals for the Federal through the federal courts’ Case Management
`
`and Electronic Case Files (CM/EFC) system on 8th day of January 2016.
`
`
`CERTIFICATE OF SERVICE
`
`The undersigned certifies that a true and correct copy of the foregoing
`
`
`
`Patent Owner’s Notice of Appeal was served by agreed-upon E-mail on the
`
`following counsel of record for the Petitioner:
`
`Robert Scheinfeld, Lead Counsel
`Baker Botts LLP
`30 Rockefeller Plaza, 44th Floor
`New York, New York 10112-4498
`Service Email: robert.scheinfeld@bakerbotts.com
`
`
`
`
`
`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
`
`Dated: January 8, 2016
`
`
`
`
`
`
`
`Respectfully submitted,
`
`/s/Stephen Lewellyn
`Stephen J. Lewellyn
`Reg. No. 51,942
`Attorney for Patent Owner