`
`_____________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`_____________________
`
`MAKO SURGICAL CORP.,
`Petitioner
`v.
`BLUE BELT TECHNOLOGIES, INC. and
`CARNEGIE MELLON UNIVERSITY,
`Exclusive Licensee and Patent Owner.
`_____________________
`
`IPR2015-00630
`U.S. Patent No. 6,205,411 B1
`_____________________
`
`NOTICE OF APPEAL
`
`Mail Stop Patent Board
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`
`
`
`
`
`
`Pursuant to 35 U.S.C. §§ 141 and 142 and 37 C.F.R. § 90.2(a), Patent Owner
`
`Carnegie Mellon University and Exclusive Licensee Blue Belt Technologies, Inc.
`
`hereby provide notice that they appeal to the United States Court of Appeals for
`
`the Federal Circuit from the Final Written Decision of the Patent Trial and Appeal
`
`Board (“Board”) entered August 1, 2016 (Paper 42), and from all underlying
`
`findings, orders, decisions, rulings, and opinions, including, without limitation, the
`
`institution decision entered August 4, 2015 (Paper 6) (the “Institution Decision”)
`
`and the Order on the Conduct of the Proceeding entered December 17, 2015 (Paper
`
`13).
`
`In accordance with 37 C.F.R. § 90.2(a)(3)(ii), Patent Owner and Exclusive
`
`Licensee state that the issues for appeal include, but are not limited to: the Board’s
`
`determination that claims 1–17 of U.S. Patent No. 6,205,411 B1 have been shown
`
`by a preponderance of the evidence to be unpatentable; the Board’s construction
`
`and interpretation of those claims; the Board’s denial of the contingent Motion to
`
`Amend; the Board’s allocation of the burdens of persuasion and/or production with
`
`respect to the contingent Motion to Amend; the Board’s interpretation of 35 U.S.C.
`
`§ 312(a)(2); the Board’s consideration of the expert testimony, prior art, and other
`
`evidence in the record; the Board’s determinations in the Institution Decision; and
`
`the Board’s factual findings, conclusions of law, or other determinations
`
`supporting or relating to the above issues.
`
`2
`
`
`
`
`
`Pursuant to 35 U.S.C. § 142 and 37 C.F.R. § 90.2(a), this Notice is being
`
`filed with the Director of the United States Patent and Trademark Office.
`
`Simultaneous with this submission, a copy of this Notice is being filed with the
`
`Patent Trial and Appeal Board. In addition, a copy of this Notice, along with the
`
`required docketing fees, is being filed with the Clerk’s Office for the United States
`
`Court of Appeals for the Federal Circuit.
`
`
`DATED: September 30, 2016
`
`Respectfully submitted,
`
`
`
`
`
`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 Exclusive Licensee Blue Belt
`Technologies, Inc.
`
`
`
`3
`
`
`
`
`
`
`
`CERTIFICATE OF SERVICE
`
`The undersigned certifies that, in addition to being filed electronically
`
`through the Patent Trial and Appeal Board’s End to End system (PTAB E2E), the
`
`foregoing Notice of Appeal was filed by Express Mail on September 30, 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
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`The undersigned certifies that a copy of the foregoing Notice of Appeal,
`
`
`
`
`
`along with the required docket fee, was filed on September 30, 2016, with the
`
`Clerk’s Office of the United States Court of Appeals for the Federal Circuit
`
`through the Court’s CM/ECF filing system.
`
`
`
`The undersigned certifies service pursuant to 37 C.F.R. § 42.6(e) of a copy
`
`of this Notice of Appeal by electronic mail on September 30, 2016, on the counsel
`
`of record for Petitioner Mako Surgical Corp:
`
`Mathew I. Kreeger, mkreeger@mofo.com
`
`Walter Wu, wwu@mofo.com
`
`DATED: September 30, 2016
`
`
`
`By: /Brian M. Buroker/
`Brian M. Buroker (Reg. No. 39,125)
`Attorney for Exclusive Licensee Blue Belt
`Technologies, Inc.
`
`
`
`4
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