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`_____________________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`_____________________
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`MAKO SURGICAL CORP.,
`Petitioner
`v.
`BLUE BELT TECHNOLOGIES, INC.,
`Patent Owner
`_____________________
`IPR2015-00629
`
`U.S. Patent No. 6,757,582
`_____________________
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`PATENT OWNER’S NOTICE OF CROSS-APPEAL
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`Mail Stop Patent Board
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
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`Pursuant to 35 U.S.C. §§ 141 and 142 and 37 C.F.R. § 90.2(a), Patent Owner
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`Blue Belt Technologies, Inc. hereby provides notice that it cross-appeals to the
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`United States Court of Appeals for the Federal Circuit from the Final Written
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`Decision of the Patent Trial and Appeal Board (“Board”) entered July 15, 2016
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`(Paper 24), and from all underlying findings, orders, decisions, rulings, and
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`opinions, including, without limitation, the institution decision entered July 30,
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`2015 (Paper 6) (the “Institution Decision”).
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`In accordance with 37 C.F.R. § 90.2(a)(3)(ii), Patent Owner states that the
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`issues for appeal include, but are not limited to: the Board’s determination that
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`claims 1, 3, 5–9, 11, 13, 14, and 17 of U.S. Patent No. 6,757,582 B2 have been
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`shown by a preponderance of the evidence to be unpatentable; the Board’s
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`construction and interpretation of those claims; the Board’s consideration of the
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`expert testimony, prior art, and other evidence in the record; the Board’s
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`determinations in the Institution Decision; and the Board’s factual findings,
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`conclusions of law, or other determinations supporting or relating to the above
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`issues.
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`Pursuant to 35 U.S.C. § 142 and 37 C.F.R. § 90.2(a), this Notice is being
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`filed with the Director of the United States Patent and Trademark Office.
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`Simultaneous with this submission, a copy of this Notice is being filed with the
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`Patent Trial and Appeal Board. In addition, a copy of this Notice, along with the
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`required docketing fees, is being filed with the Clerk’s Office for the United States
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`Court of Appeals for the Federal Circuit.
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`DATED: September 15, 2016
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`Respectfully submitted,
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`
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`
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`By: /Brian M. Buroker/
`
`Brian M. Buroker (Reg. No. 39,125)
`GIBSON, DUNN & CRUTCHER LLP
`1050 Connecticut Avenue, N.W.
`Washington, DC 20036-5306
`Telephone: 202.955.8500
`Facsimile: 202.467.0539
`bburoker@gibsondunn.com
`
`Attorney for Patent Owner Blue Belt
`Technologies, Inc.
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`CERTIFICATE OF SERVICE
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`The undersigned certifies that, in addition to being filed electronically
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`through the Patent Trial and Appeal Board’s End to End system (PTAB E2E), the
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`foregoing Notice of Cross-Appeal was filed by Express Mail on September 15,
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`2016, with the Director of the United States Patent and Trademark Office, at the
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`following address:
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`Director of the United States Patent and Trademark Office
`c/o Office of the General Counsel
`P.O. Box 1450
`Alexandria, VA 22313-1450
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`The undersigned certifies that a copy of the foregoing Notice of Cross-
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`Appeal, along with the required docket fee, was filed on September 15, 2016, with
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`the Clerk’s Office of the United States Court of Appeals for the Federal Circuit
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`through the Court’s CM/ECF filing system.
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`The undersigned certifies service pursuant to 37 C.F.R. § 42.6(e) of a copy
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`of this Notice of Cross-Appeal by electronic mail on September 15, 2016, on the
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`counsel of record for Petitioner Mako Surgical Corp:
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`Mathew I. Kreeger, mkreeger@mofo.com
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`Walter Wu, wwu@mofo.com
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`DATED: September 15, 2016
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`
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`By: /Brian M. Buroker/
`Brian M. Buroker (Reg. No. 39,125)
`Attorney for Patent Owner Blue Belt
`Technologies, Inc.
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