`Tel: 571.272.7822
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`PRAXAIR DISTRIBUTION, INC.
`Petitioner
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`v.
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`MALLINCKRODT HOSPITAL PRODUCTS IP LTD.,
`Patent Owner
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`Case IPR2015-00529
`Patent 8,846,112
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`PETITIONER’S NOTICE OF APPEAL
`37 C.F.R. § 90.2(a)
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`IPR2015-00529
`U.S. Patent No. 8,846,112
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`Pursuant to 37 C.F.R. § 90.2(a), notice is hereby given that Petitioner Praxair
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`Distribution, Inc. (“Petitioner”) hereby appeals to the United States Court of
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`Appeals for the Federal Circuit under 35 U.S.C. §§ 141 and 142 from the Final
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`Written Decision of the Patent Trial and Appeal Board entered on July 7, 2016
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`(Paper 53) (the “Final Written Decision”) and from all underlying order, decisions,
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`rulings and opinions.
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`In accordance with 37 C.F.R. § 90.2(a)(3)(ii), the expected issues on appeal
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`include, but are not limited to, the Patent Trial and Appeal Board’s construction of
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`the claim term “in accordance with” and determination of patentability of claim 9
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`of U.S. Pat. No. 8,846,112 in the Final Written Decision, and any finding or
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`determination supporting or related to those issues, as well as other issues decided
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`adversely to Petitioner in any orders, decisions, rulings and opinions.
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`Simultaneously with this submission, a copy of this Notice of Appeal is
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`being filed with the Patent Trial and Appeal Board. In addition, three copies of
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`this Notice of Appeal, along with the required docketing fees, are being filed with
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`the Clerk’s Office for the United States Court of Appeals for the Federal Circuit.
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`1
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`Respectfully Submitted,
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`By: /Sanjay K. Murthy/
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`Sanjay K. Murthy
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`Reg. No. 45,976
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` Morgan, Lewis & Bockius LLP
`77 West Wacker Drive, Fifth Floor
`Chicago, IL 60601
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`sanjay.murthy@morganlewis.com
`T: (312) 324-1448
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`F: (312) 324-1001
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`IPR2015-00529
`U.S. Patent No. 8,846,112
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`Date: September 6, 2016
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`2
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`Certification of Service Under 37 C.F.R. § 42.6(e)(4)
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`A copy of this Notice of Appeal has been served to counsel for the Patent
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`Owner at the following email addresses on this 6th of September 2016:
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`Bob Steinberg
`Bob.steinberg@lw.com
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`David Callahan
`David.callahan@lw.com
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`Marc Zubick
`Marc.zubick@lw.com
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`Daniel Brown
`Daniel.brown@lw.com
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`Kenneth Schuler
`Kenneth.schuler@lw.com
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` Respectfully Submitted,
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`By: /Sanjay K. Murthy/
`Sanjay K. Murthy
`Reg. No. 45,976
`Morgan, Lewis & Bockius LLP
`77 West Wacker Drive, Fifth Floor
`Chicago, IL 60601
`sanjay.murthy@morganlewis.com
`T: (312) 324-1448
`F: (312) 324-100
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