UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`GOOGLEINC.
`Petitioner
`
`v.
`
`NETWORK-1 TECHNOLOGIES, INC.
`Patent Owner
`
`Case IPR2015-00345
`Patent 8,205,237 B2
`
`PATENT OWNER'S NOTICE OF CROSS-APPEAL
`
`viaPTAB E2E
`Patent Trial and Appeal Board
`
`via Hand Delivery
`Director of the United States Patent and Trademark Office
`clo Office of the General Counsel, 10B20
`Madison Building East
`600 Dulany Street
`Alexandria, Virginia
`
`via CMIECF
`United States Court of Appeals for the Federal Circuit
`
`638 180.1
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`GOOGLEINC.
`Petitioner
`
`v.
`
`NETWORK-1 TECHNOLOGIES, INC.
`Patent Owner
`
`Case IPR2015-00345
`Patent 8,205,237 B2
`
`PATENT OWNER'S NOTICE OF CROSS-APPEAL
`
`viaPTAB E2E
`Patent Trial and Appeal Board
`
`via Hand Delivery
`Director of the United States Patent and Trademark Office
`clo Office of the General Counsel, 10B20
`Madison Building East
`600 Dulany Street
`Alexandria, Virginia
`
`via CMIECF
`United States Court of Appeals for the Federal Circuit
`
`638 180.1
`
`
`
`Pursuant to 35 U.S.C. §§ 141(c) and 319 and 37 C.F.R. § 90.2(a), notice is
`
`hereby given that Patent Owner, Network-l Technologies, Inc. ("Patent Owner"),
`
`hereby cross appeals to the United States Court of Appeals for the Federal Circuit
`
`from the Final Written Decision entered by the Patent Trial and Appeal Board
`
`("Board") on June 20, 2016 (Paper No. 30) in case IPR2015-00345, and from all
`
`underlying findings, orders, decisions, determinations, rulings, and opinions
`
`adverse to Patent Owner in this case, including, without limitation, the Board's
`
`Decision on Institution of Inter Partes Review entered on June 23,2015 (Paper No.
`
`6).
`
`Petitioner, Google Inc., filed an initial notice of appeal on August 18, 2016
`
`(Paper No. 31). Petitioner's appeal was docketed in the Federal Circuit as Case
`
`No. 16-2510, which has been consolidated with Case Nos. 16-2509, -2511, and-
`
`2512. This Notice of Cross-Appeal is timely under 37 C.F.R. § 90.3(a) and Rule
`
`4(a)(3) of the Federal Rules of Appellate Procedure.
`
`Pursuant to 37 C.F.R. § 90.2(a)(3)(ii), Patent Owner indicates that the issues
`
`on cross-appeal include, but are not limited to:
`
`1. Whether the Board erred in determining that Petitioner demonstrated
`
`by a preponderance of the evidence that claims 9, 11-13, 15, 16,23, and 24 of the
`
`subject patent, U.S. Patent No. 8,205,237 ("the '237 Patent"), are unpatentable as
`
`638180.1
`
`1
`
`
`
`IPR2015-00345
`Patent 8,205,237 B2
`
`being anticipated by U.S. Patent No. 6,188,010 ("Iwamura") under 35 U.S.C. §
`
`1 02( e);
`
`2. Whether the Board erred in determining that Petitioner demonstrated
`
`by a preponderance of the evidence that claims 9-11, 13-15,23, and 24 of the '237
`
`Patent are unpatentable as being anticipated by U.S. Patent No. 5,874,686
`
`("Ghias") under 35 U.S.C. § 1 02(b);
`
`3. Whether the Board erred in its claim construction of the limitation
`
`"approximate nearest neighbor search";
`
`4. Whether the Board erred in finding that Iwamura discloses the
`
`claimed "approximate nearest neighbor search" in the context of the '237 Patent;
`
`5. Whether the Board erred in finding that Ghias discloses the claimed
`
`"approximate nearest neighbor search" in the context of the '237 Patent; and
`
`6.
`
`Any other issues decided adversely to Patent Owner in any orders,
`
`decisions, determinations, rulings, or opinions issued in this proceeding.
`
`Simultaneously with this submission to the Director, a copy of this Notice of
`
`Cross-Appeal is being filed with the Patent Trial and Appeal Board. In addition,
`
`this Notice of Cross-Appeal and the required fee are being submitted to the Clerk's
`
`Office for the United States Court of Appeals for the Federal Circuit.
`
`638180.1
`
`2
`
`
`
`Date: August 29, 2016
`
`IPR20 15-00345
`Patent 8,205,237 B2
`
`Respectfully submitted,
`
`BY: \ __ -7~=-______ ~ ________ ___
`rles R. Macedo (Reg. No. 32,781)
`Amster, Rothstein & Ebenstein LLP
`90 Park Avenue
`New York, NY 10016
`Telephone: (212) 336-8074
`Facsimile: (212) 336-8001
`E-mail: cmacedo@arelaw.com
`
`Gregory Dovel
`(admitted pro hac vice)
`Dovel & Luner, LLP
`201 Santa Monica Blvd., Suite 600
`Santa Monica, CA 90401
`Telephone: (310) 656-7066
`E-mail: greg@dovellaw.com
`
`Counsel for Patent Owner -
`Network-l Technologies, Inc.
`
`638180.1
`
`3
`
`
`
`CERTIFICATE OF FILING
`
`The undersigned hereby certifies that, in addition to being electronically
`
`filed through PT AB E2E, a true and correct copy of the foregoing PATENT
`
`OWNER'S NOTICE OF CROSS-APPEAL is being filed with the Director of
`
`the United States Patent and Trademark Office c/o the Office of General Counsel
`
`via hand delivery on August 29,2016, to the following address pursuant to 37
`
`C.F.R. § 104.2:
`
`Director of the United States Patent and Trademark Office
`c/o Office of the General Counsel, 10B20
`Madison Building East
`600 Dulany Street
`Alexandria, Virginia 22314
`
`The undersigned also hereby certifies that a true and correct copy of the
`
`foregoing PATENT OWNER'S NOTICE OF CROSS-APPEAL, together with
`
`the required filing fee, is being filed via CMlECF with the Clerk's Office of the
`
`United States Court of Appeals for the Fede al
`
`ircuit on August 29,2016.
`
`Date: August 29,2016
`
`a es R. Macedo
`Registration No. 32,781
`Amster, Rothstein & Ebenstein LLP
`90 Park Avenue
`New York, NY 10016
`Telephone: (212) 336-8074
`Facsimile: (212) 336-8001
`E-mail: cmacedo@arelaw.com
`
`638180.1
`
`
`
`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies that a true and correct copy of the
`
`foregoing PATENT OWNER'S NOTICE OF CROSS-APPEAL is being served
`
`electronically via e-mail on August 29,2016, in its entirety on the following
`
`counsel for Petitioner:
`
`James J. Elacqua
`Douglas R. Nemec
`Skadden, Arps, Slate, Meagher & Flom LLP
`525 University Avenue
`Suite 1400
`
`Date: August 29,2016
`
`B
`
`rles R. Macedo
`Registration No. 32,781
`Amster, Rothstein & Ebenstein LLP
`90 Park Avenue
`New York, NY 10016
`Telephone: (212) 336-8074
`Facsimile: (212) 336-8001
`E-mail: cmacedo@arelaw.com
`
`638180.1
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