`
`By:
`
`James J. Elacqua
`james.elacqua@skadden.com
`(650) 470-4510
`
`
`Paper No. 31
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`Google Inc.,
`Petitioner,
`
`v.
`
`Network-1 Technologies, Inc.,
`Patent Owner.
`____________
`
`Case IPR2015-00345
`Patent 8,205,237
`____________
`
`August 18, 2016
`
`PETITIONER GOOGLE INC.'S
`NOTICE OF APPEAL
`
`
`
`
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`Notice of Appeal
`IPR2015-00345
`
`
`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
`
`Pursuant to 35 U.S.C. §§ 141, 142, and 319 and 37 C.F.R. § 90.2(a),
`
`Petitioner, Google Inc., hereby appeals to the United States Court of Appeals for
`
`the Federal Circuit from the Final Written Decision entered on June 20, 2016
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`(Paper 30), and from all underlying orders, decisions, rulings and opinions.
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`In accordance with 37 C.F.R. § 90.2(a)(3)(ii), Petitioner further indicates
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`that the issues on appeal may include, but are not limited to, the following: (1) the
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`PTAB's construction of "non-exhaustive search"; (2) the PTAB's determination
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`that Petitioner did not demonstrate by a preponderance of the evidence that claims
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`1, 3-5, 7-8, 21-22, 25, 29, 30, 33, 37, and 38 of the '237 patent were anticipated by
`
`the Iwamura reference; (3) the PTAB's determination that Petitioner did not
`
`demonstrate by a preponderance of the evidence that claims 1-3, 5-7, 9-11, 13-15,
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`and 21-24 of the '237 patent were anticipated by the Ghias reference; (4) the
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`PTAB's determination that Petitioner did not demonstrate by a preponderance of
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`the evidence that claims 26, 27, 34, and 35 of the '237 patent were obvious over the
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`combination of the Iwamura and Chen references; and (5) any finding or
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`Notice of Appeal
`IPR2015-00345
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`determination supporting or related to those issues, as well as all other issues
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`decided adversely to Petitioner in any orders, decisions, rulings and/or opinions.
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`In addition to this submission, a copy of this Notice of Appeal is being filed
`
`with the PTAB through the Patent Review Processing System ("PRPS"); and a
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`copy is being electronically filed with the Clerk's Office for the United States
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`Court of Appeals for the Federal Circuit (via CM/ECF), along with the required
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`docketing fee (via pay.gov).
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`
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`2
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`Notice of Appeal
`IPR2015-00345
`
`
`Dated: August 18, 2016
`
`Respectfully submitted,
`
`By: /s/ James J. Elacqua
`
`James J. Elacqua (Reg. No. 28,412)
`Lead Counsel for Petitioner
`
`Douglas R. Nemec (Reg. No. 41,219)
`Back-Up Counsel for Petitioner
`
`3
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`
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`Notice of Appeal
`IPR2015-00345
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`CERTIFICATE OF FILING AND SERVICE
`
`I hereby certify that, in addition to being filed electronically through the
`
`PTAB's PRPS, the original version of the foregoing PETITIONER GOOGLE
`
`INC.'S CORPORATION'S NOTICE OF APPEAL was filed by hand on this 18th
`
`day of August, 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
`Madison Building East, 10B20
`600 Dulany Street
`Alexandria, VA 22314-5793
`
`I further certify that a true and correct copy of the foregoing PETITIONER
`
`GOOGLE INC.'S NOTICE OF APPEAL was filed with the Clerk's Office of the
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`United States Court of Appeals for the Federal Circuit by CM/ECF on this 18th
`
`day of August, 2016.
`
`I further certify that a true and correct copy of the foregoing PETITIONER
`
`GOOGLE INC.'S NOTICE OF APPEAL was served on August 18, 2016 by
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`Federal Express and electronic mail on counsel for Petitioner at the following
`
`address:
`
`Charles R. Macedo
`Amster, Rothstein & Ebenstein LLP
`90 Park Avenue
`New York, New York 10016
`Tel.: (212) 336-8074
`
`4
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`Notice of Appeal
`IPR2015-00345
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`Email: cmacedo@arelaw.com
`
`Marc. A Fenster & Brian D. Ledahl
`Russ, August & Kabat LLP
`12424 Wilshire Boulevard, 12th Floor
`Los Angeles, California 90025
`Tel.: (310) 826-7474
`Email: mfenster@raklaw.com
`Email: bledahl@raklaw.com
`
`
`
`Dated: August 18, 2016
`
`Respectfully submitted,
`
`By: /s/ James J. Elacqua
`
`James J. Elacqua (Reg. No. 28,412)
`Lead Counsel for Petitioner
`
`5
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