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UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_____________________
`
` LUMENTUM HOLDINGS, INC., LUMENTUM, INC.,
`LUMENTUM OPERATIONS, LLC, CORIANT OPERATIONS, INC.,
`CORIANT (USA) INC., CIENA CORPORATION, CISCO SYSTEMS, INC., and
`FUJITSU NETWORK COMMUNICATIONS, INC.
`Petitioner
`
`v.
`
`CAPELLA PHOTONICS, INC.
`Patent Owner
`_____________________
`
`Case IPR2015-007311
`Patent No. RE42,368
`_____________________
`
`PATENT OWNER CAPELLA PHOTONICS INC.’S NOTICE OF APPEAL
`
`
`via PTAB E2E
`Patent Trial and Appeal Board
`
`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
`
`via CM/ECF
`United States Court of Appeals for the Federal Circuit
`
`
`1 Case IPR2015-01969 has been joined with this proceeding.
`
`

`
`
`
`
`
`IPR2015-00731
`U.S. Pat. No. RE42,368
`
`INTRODUCTION
`
`Capella Photonics, Inc.’s appeal stems from the Patent Trial and Appeal
`
`Board’s Final Written Decision entered on September 29, 2016 (Paper 51) (the
`
`“Final Written Decision”) in the above-captioned inter partes review of United
`
`States Patent No. RE42,368. This notice is timely filed within 63 days of the Final
`
`Written Decision. 37 C.F.R. § 90.3(b)(1).
`
`CAPELLA PHOTONICS, INC.’S APPEAL
`
`Please take notice that under 35 U.S.C. §§ 141(c), 142, 319; 37 C.F.R. §§
`
`90.2(a), 90.3(a), and Federal Rules of Appellate Procedure/Federal Circuit Rule
`
`4(3)(a), Patent Owner Capella Photonics, Inc. hereby appeals to the United States
`
`Court of Appeals for the Federal Circuit from the Final Written Decision based on
`
`the “Decision, Institution of Inter Partes Review” entered on August 25, 2015
`
`(Paper 8) (the “Institution Decision”).
`
`CAPELLA PHOTONICS, INC.’S ISSUES ON APPEAL
`
`In accordance with 37 C.F.R. § 90.2(a)(3)(ii), Capella Photonics, Inc.’s
`
`issues on appeal include at least: (i) the Board’s finding that claims 1–6, 9–11, 13,
`
`and 15–22 would have been obvious over Bouevitch, Sparks, and Lin; (ii) the
`
`Board’s finding that claim 12 would have been obvious over Bouevitch, Sparks,
`
`Lin, and Dueck; (iii) the Board’s claim construction; and (iv) any findings or
`
`determinations supporting or related to the aforementioned issues as well as all
`
`
`
`- 1 -
`
`

`
`
`
`IPR2015-00731
`U.S. Pat. No. RE42,368
`other issues decided adversely to Capella Photonics, Inc. in any orders, decisions,
`
`
`
`rulings, phone conference decisions, and/or opinions.
`
`Simultaneously with this submission, Capella Photonics, Inc. is filing a true
`
`and correct copy of this Notice of Appeal with the Director of the United States
`
`Patent and Trademark Office and a true and correct copy of the same, along with
`
`the required docketing fee, with the Clerk of the United States Court of Appeals for
`
`the Federal Circuit as set forth in the accompanying Certificate of Filing.
`
`
`Respectfully submitted,
`
`STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
`
`/Jason D. Eisenberg/
`
`Robert Greene Sterne (Reg. No. 28,912)
`Jason D. Eisenberg (Reg. No. 43,447)
`Attorneys for Patent Owner
`
`
`
`
`
`
`
`
`
`
`
`
`Date: October 24, 2016
`1100 New York Avenue, N.W.
`Washington, D.C. 20005
`(202) 371-2600
`
`
`
`
`
`- 2 -
`
`

`
`
`
`
`
`IPR2015-00731
`U.S. Pat. No. RE42,368
`
`CERTIFICATE OF FILING
`
`The undersigned hereby certifies that, in addition to being electronically
`
`filed through PTAB E2E, a true and correct copy of the above-captioned PATENT
`
`OWNER CAPELLA PHOTONICS, INC.’S NOTICE OF APPEAL is being
`
`filed by hand with the Director on October 24, 2016, at the following address:
`
`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
`
`The undersigned also hereby certifies that a true and correct copy of the
`
`above-captioned PATENT OWNER CAPELLA PHOTONICS, INC.’S
`
`NOTICE OF APPEAL and the filing fee is being filed via CM/ECF with the
`
`Clerk’s Office of the United States Court of Appeals for the Federal Circuit on
`
`Respectfully submitted,
`
`
`
`/Jason D. Eisenberg/
`
`Jason D. Eisenberg (Reg. No. 43,447)
`Attorney for Patent Owner
`
`
`
`
`October 24, 2016.
`
`
`
`Date: October 24, 2016
`
`
`
`
`

`
`
`
`
`
`
`
`IPR2015-00731
`U.S. Pat. No. RE42,368
`CERTIFICATION OF SERVICE
`The undersigned hereby certifies that the foregoing PATENT OWNER
`
`CAPELLA PHOTONICS, INC.’S NOTICE OF APPEAL was served
`
`electronically via e-mail on October 24, 2016, in its entirety on the following
`
`counsel for Petitioner:
`
`Walter C. Linder
`Kenneth Liebman
`Paul Sherburne
`J. Pieter van Es
`Thomas K. Pratt
`Jordan N. Bodner
`Michael S. Cuviello
`Matthew J. Moore
`Robert Steinberg
`Wayne O. Stacy
`Christopher E. Chalsen
`Lawrence T. Kass
`Nathaniel T. Browand
`Suraj K. Balusu
`
`walter.linder@FaegreBD.com
`ken.liebman@FaegreBD.com
`paul.sherburne@FaegreBD.com
`PvanEs@bannerwitcoff.com
`TPratt@bannerwitcoff.com
`JBodner@bannerwitcoff.com
`MCuviello@bannerwitcoff.com
`Matthew.Moore@lw.com
`Bob.Steinberg@lw.com
`WStacy@cooley.com
`CChalsen@milbank.com
`LKass@milbank.com
`NBrowand@milbank.com
`SBalusu@milbank.com
`cienacapellaipr.lwteam@lw.com
`Banner-Tellabs@bannerwitcoff.com
`
`
`Respectfully submitted,
`
`
`
`/Jason D. Eisenberg/
`
`Jason D. Eisenberg (Reg. No. 43,447)
`Attorney for Patent Owner
`
`
`
`
`Date: October 24, 2016
`
`4840387_1.docx

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