`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`HULU, LLC,
`NETFLIX, INC., and
` SPOTIFY USA INC.
`Petitioners
`
`v.
`
`CRFD RESEARCH, INC.
`Patent Owner
`____________
`
`Case IPR2015-00259
`U.S. Patent No. 7,191,233
`____________
`
`PETITIONERS’ NOTICE OF APPEAL
`
`
`
`Case IPR2015-00259
`U.S. Patent No. 7,191,233
`
`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
`
`Notice is hereby given, pursuant to 37 C.F.R. § 90.2(a), that Petitioners
`
`Hulu, LLC, Netflix, Inc., and Spotify USA Inc. appeal to the United States Court
`
`of Appeals for the Federal Circuit from the Final Written Decision of the Patent
`
`Trial and Appeal Board in Case No. IPR2015-00259, dated June 1, 2016 (Paper
`
`No. 25). In accordance with 37 C.F.R. § 90.2(a)(3)(ii), Petitioners indicate that the
`
`issues on appeal include, but are not limited to the following:
`
`1. Whether the PTAB erred in finding that Petitioner has not shown by a
`preponderance of the evidence that claims 1–6, 8–11, 13–15, 17–20, 23–25,
`29–31, 34–36, and 38–41 of U.S. Patent No. 7,191,233 (“the ‘233 Patent”)
`are unpatentable.
`
`2. Whether the PTAB erred in finding that Petitioner has not shown by a
`preponderance of the evidence that claims 1-3, 23, and 24 are unpatentable
`under 35 U.S.C. § 102(e) as anticipated by U.S. Patent No. 6,963,901
`(“Bates”).
`
`3. Whether the PTAB erred in finding that Petitioner has not shown by a
`preponderance of the evidence that claims 1-6, 8-11, 23-25, and 29-31 are
`unpatentable under 35 U.S.C. § 103(a) in view of Bates and Mun Choon
`Chan et al., “Next-Generation Wireless Data Services: Architecture and
`Experience”, IEEE PERSONAL COMMS., Feb. 1999, pp. 20-33 (“Chan”).
`
`4. Whether the PTAB erred in finding that Petitioner has not shown by a
`preponderance of the evidence that claims 13, 14, 34, and 35 are
`unpatentable under 35 U.S.C. § 103(a) in view of Bates and Bo Zou,
`“Mobile ID Protocol: A Badge-Activated Application Level Handoff of a
`Multimedia Streaming to Support User Mobility” (2000) (M.S. thesis,
`University of Illinois at Urbana-Champaign) (“Zou”).
`
`1
`
`
`
`Case IPR2015-00259
`U.S. Patent No. 7,191,233
`
`5. Whether the PTAB erred in finding that Petitioner has not shown by a
`preponderance of the evidence that claims 15, 17-20, 36, and 38-41 are
`unpatentable under 35 U.S.C. § 103(a) in view of Bates, Zou, and Chan.
`
`6. Whether the PTAB made procedural errors that led to the erroneous
`conclusions in its Final Written Decision.
`
`7. Whether the PTAB erred in failing to properly analyze Petitioner’s instituted
`obviousness grounds, including failing to properly analyze the combinations
`of (1) Bates in light of Zhou, (2) Bates in light of Chan, and (3) Bates in
`light of Zhan and Chan.
`
`Simultaneous with this submission, a copy of this Notice of Appeal is being
`
`filed with the Patent Trial and Appeal Board. In addition, this Notice of Appeal,
`
`along with the required docketing fees, are being filed with the Clerk’s Office for
`
`the United States Court of Appeals for the Federal Circuit.
`
`Dated: August 3, 2016
`
`
`
`Respectfully submitted,
`
`
`/David G. Lindenbaum/
`By:
`Francis E. Morris, Reg. No. 24,615
`David G. Lindenbaum, Reg. No. 51,951
`KELLEY DRYE & WARREN LLP
`101 Park Avenue
`New York, New York 10178
`Telephone: (212) 808-7800
`Facsimile: (212) 808-7897
`E-mail: fmorris@kelleydrye.com
`E-mail: dlindenbaum@ kelleydrye.com
`
`Attorneys for Petitioners NETFLIX, INC.
`and SPOTIFY USA INC.
`
`/ Eliot D. Williams /
`By:
`Eliot D. Williams, Reg. No. 50,822
`Harper S. Batts, Reg. No. 56,160
`BAKER BOTTS L.L.P.
`
`2
`
`
`
`Case IPR2015-00259
`U.S. Patent No. 7,191,233
`
`1001 Page Mill Road
`Building One, Suite 200
`Palo Alto, CA 94304
`Telephone: (650) 739-7511
`Facsimile: (650) 739-7611
`E-mail: eliot.williams@bakerbotts.com
`E-mail: harper.batts@bakerbotts.com
`
`Michael Hawes, Reg. No. 38,487
`BAKER BOTTS L.L.P.
`910 Louisiana Street
`Houston, TX 77002
`Telephone: (713) 229-1750
`Facsimile: (713) 229-7750
`E-mail: michael.hawes@bakerbotts.com
`
`Attorneys for Petitioner HULU, LLC
`
`3
`
`
`
`CERTIFICATE OF SERVICE
`
`Pursuant to 37 C.F.R. 42.6(e)(1), the parties have agreed to accept service by
`
`electronic means. I hereby certify that on August 3, 2016, I caused a copy of the
`
`foregoing document to be served via electronic mail to the following addresses:
`
`
`Tarek N. Fahmi, Esq.
`
`Holly J. Atkinson, Esq.
`Ascenda Law Group, PC
`
`tarek.fahmi@ascendalaw.com
`holly.atkinson@ascendalaw.com
`patents@ascendalaw.com
`
`
`By: /David G. Lindenbaum/
`David G. Lindenbaum, Reg. No. 51,951
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