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IPR2015-00375
`Patent No. 8,074,115
`
`
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_____________
`
`SYMANTEC CORPORATION,
`Petitioner,
`v.
`
`THE TRUSTEES OF COLUMBIA UNIVERSITY
`IN THE CITY OF NEW YORK,
`Patent Owner.
`_____________
`
`Case IPR2015-00375
`Patent 8,074,115
`_____________
`
`PETITIONER’S NOTICE OF CROSS-APPEAL
`
`

`
`IPR2015-00375
`Patent No. 8,074,115
`
`
`Pursuant to 35 U.S.C. §§ 141(c) and 319, and 37 C.F.R. § 90.2(a), Petitioner
`
`Symantec Corporation (“Symantec”) hereby cross-appeals to the United States
`
`Court of Appeals for the Federal Circuit from the Patent Trial and Appeal Board’s
`
`(“PTAB”) Final Written Decision in Case No. IPR2015-00375 entered June 30,
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`2016 (Paper 47) (“Final Written Decision”). Patent Owner The Trustees of
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`Columbia University in the City of New York filed a notice of appeal on August
`
`23, 2016. This cross-appeal is timely under 37 C.F.R. § 90.3 and Fed. R. App. P.
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`4(a)(3).
`
`In accordance with 37 C.F.R. § 90.2(a)(3)(ii), Symantec further indicates
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`that the issues on appeal include, but are not limited to, whether the PTAB
`
`correctly concluded that Petitioner has not demonstrated that claims 2, 12, 23, and
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`33 of U.S. Patent No. 8,074,115 are unpatentable under 35 U.S.C. § 103(a) as
`
`obvious over Khazan, Arnold, and Agrawal.
`
`A copy of this Notice of Cross-Appeal is being filed simultaneously with the
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`PTAB and the United States Court of Appeals for the Federal Circuit.
`
`
`
`Dated: September 2, 2016
`
`
`
`
`
`
`
`Respectfully submitted,
`/s/ Brian M. Hoffman
`Brian M. Hoffman
`Reg. No. 39,713
`
`1
`
`

`
`IPR2015-00375
`Patent No. 8,074,115
`
`CERTIFICATE OF SERVICE
`
`I certify that the foregoing PETITIONER’S NOTICE OF CROSS-
`
`APPEAL was served on September 2, 2016, by electronic mail, as agreed to by the
`
`parties, upon the following:
`
`Hong Zhong
`Michael Fleming
`IRELL & MANELLA LLP
`1800 Avenue of the Stars, Suite 900
`Los Angeles, CA 90067
`hzhong@irell.com
`MFleming@irell.com
`
`Pursuant to 37 C.F.R. §§ 90.2(a) and 104.2(b), the undersigned hereby
`
`
`
`certifies that on September 2, 2016, the original of the foregoing Petitioner’s
`
`Notice of Cross-Appeal was filed with the Director of the United States Patent and
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`Trademark Office by mail, at the following address:
`
`Director of the United States Patent and Trademark Office, c/o Office of the
`
`General Counsel, P.O. Box 1450, Alexandria, VA 22313-1450.
`
`Further, pursuant to 37 C.F.R. § 90.2(a)(2) and Federal Circuit Rule
`
`15(a)(1), the undersigned certifies that on September 2, 2016, any requisite fee and
`
`a true and correct copy of the foregoing Petitioner’s Notice of Cross-Appeal were
`
`sent to the Clerk of Court of the United States Court of Appeals for the Federal
`
`Circuit at the following address: Clerk of Court, United States Court of Appeals for
`
`the Federal Circuit, 717 Madison Place, N.W., Room 401, Washington DC 20439.
`
`2
`
`

`
`IPR2015-00375
`Patent No. 8,074,115
`
`
`
`
`/s/ Brian M. Hoffman
`Brian M. Hoffman
`FENWICK & WEST LLP
`555 California Street, 12th Floor
`San Francisco, CA 94104
`Tel: (415) 875-2300
`Fax: (415) 281-1350
`Email: bhoffman@fenwick.com
`
`3

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