`_____________________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_____________________
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` FUJITSU NETWORK COMMUNICATIONS, INC.,
`CORIANT OPERATIONS, INC., CORIANT (USA) INC., and
`CIENA CORPORATION
`Petitioner
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`v.
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`CAPELLA PHOTONICS, INC.
`Patent Owner
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`_____________________
`
`Case IPR2015-007271
`Patent No. RE42,678
`_____________________
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`PATENT OWNER CAPELLA PHOTONICS INC.’S NOTICE OF APPEAL
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`via PTAB E2E
`Patent Trial and Appeal Board
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`via Hand Carry
`Director of the United States Patent and Trademark Office
`c/o Office of the General Counsel, 10B20
`Madison Building East
`600 Dulany Street
`Alexandria, VA 22314
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`via CM/ECF
`United States Court of Appeals for the Federal Circuit
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`1 Case IPR2015-01961 has been joined with this proceeding.
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`IPR2015-00727
`U.S. Pat. No. RE42,678
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`INTRODUCTION
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`Capella Photonics, Inc.’s appeal stems from the Patent Trial and Appeal
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`Board’s Final Written Decision entered on September 28, 2016 (Paper 36) (the
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`“Final Written Decision”) in the above-captioned inter partes review of United
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`States Patent No. RE42,678. This notice is timely filed within 63 days of the Final
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`Written Decision. 37 C.F.R. § 90.3(b)(1).
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`CAPELLA PHOTONICS, INC.’S APPEAL
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`Please take notice that under 35 U.S.C. §§ 141(c), 142, 319; 37 C.F.R. §§
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`90.2(a), 90.3(a), and Federal Rules of Appellate Procedure/Federal Circuit Rule
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`4(3)(a), Patent Owner Capella Photonics, Inc. hereby appeals to the United States
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`Court of Appeals for the Federal Circuit from the Final Written Decision based on
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`the “Decision, Institution of Inter Partes Review” entered on August 24, 2015
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`(Paper 8) (the “Institution Decision”).
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`CAPELLA PHOTONICS, INC.’S ISSUES ON APPEAL
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`In accordance with 37 C.F.R. § 90.2(a)(3)(ii), Capella Photonics, Inc.’s
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`issues on appeal include at least: (i) the Board’s finding that claims 1, 9, 10, 13, 17,
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`19, 44, 53, 61, 64, and 65 would have been obvious over Bouevitch and Carr; (ii)
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`the Board’s finding that claims 1–4, 19–23, 27, 29, 44–46, and 61–63 would have
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`been obvious over Bouevitch and Sparks; (iii) the Board’s claim construction; and
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`(iv) any findings or determinations supporting or related to the aforementioned
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`IPR2015-00727
`U.S. Pat. No. RE42,678
`issues as well as all other issues decided adversely to Capella Photonics, Inc. in
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`any orders, decisions, rulings, phone conference decisions, and/or opinions.
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`Simultaneously with this submission, Capella Photonics, Inc. is filing a true
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`and correct copy of this Notice of Appeal with the Director of the United States
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`Patent and Trademark Office and a true and correct copy of the same, along with
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`the required docketing fee, with the Clerk of the United States Court of Appeals for
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`the Federal Circuit as set forth in the accompanying Certificate of Filing.
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`Respectfully submitted,
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`STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
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`/Jason D. Eisenberg/
`
`Robert Greene Sterne (Reg. No. 28,912)
`Jason D. Eisenberg (Reg. No. 43,447)
`Attorneys for Patent Owner
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`Date: October 24, 2016
`1100 New York Avenue, N.W.
`Washington, D.C. 20005
`(202) 371-2600
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`IPR2015-00727
`U.S. Pat. No. RE42,678
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`CERTIFICATE OF FILING
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`The undersigned hereby certifies that, in addition to being electronically
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`filed through PTAB E2E, a true and correct copy of the above-captioned PATENT
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`OWNER CAPELLA PHOTONICS, INC.’S NOTICE OF APPEAL is being
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`filed by hand with the Director on October 24, 2016, at the following address:
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`Director of the United States Patent and Trademark Office
`c/o Office of the General Counsel, 10B20
`Madison Building East
`600 Dulany Street
`Alexandria, VA 22314
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`The undersigned also hereby certifies that a true and correct copy of the
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`above-captioned PATENT OWNER CAPELLA PHOTONICS, INC.’S
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`NOTICE OF APPEAL and the filing fee is being filed via CM/ECF with the
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`Clerk’s Office of the United States Court of Appeals for the Federal Circuit on
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`Respectfully submitted,
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`/Jason D. Eisenberg/
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`Jason D. Eisenberg (Reg. No. 43,447)
`Attorney for Patent Owner
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`October 24, 2016.
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`Date: October 24, 2016
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`IPR2015-00727
`U.S. Pat. No. RE42,678
`CERTIFICATION OF SERVICE
`The undersigned hereby certifies that the foregoing PATENT OWNER
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`CAPELLA PHOTONICS, INC.’S NOTICE OF APPEAL was served
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`electronically via e-mail on October 24, 2016, in its entirety on the following
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`counsel for Petitioner:
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`Christopher E. Chalsen
`Lawrence T. Kass
`Nathaniel T. Browand
`Suraj K. Balusu
`Mark C. Scarsi
`Christopher G. Gaspar
`Matthew J. Moore
`Robert Steinberg
`J. Pieter van Es
`Thomas K. Pratt
`Jordan N. Bodner
`Michael S. Cuviello
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`cchalsen@milbank.com
`lkass@milbank.com
`nbrowand@milbank.com
`sbalusu@milbank.com
`mscarsi@milbank.com
`cgaspar@milbank.com
`matthew.moore@lw.com
`bob.steinberg@lw.com
`pvanes@bannerwitcoff.com
`tpratt@bannerwitcoff.com
`jbodner@bannerwitcoff.com
`mcuviello@bannerwitcoff.com
`cienacapellaipr.lwteam@lw.com
`banner-tellabs@bannerwitcoff.com
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`Respectfully submitted,
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`
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`/Jason D. Eisenberg/
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`Jason D. Eisenberg (Reg. No. 43,447)
`Attorney for Patent Owner
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`Date: October 24, 2016
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`4840387_1.docx