`By: David L. Cavanaugh, Reg. No. 36,476
`David.Cavanaugh@wilmerhale.com
`Jason D. Kipnis, Reg. No. 40,680
`Jason.Kipnis@wilmerhale.com
`Wilmer Cutler Pickering Hale and Dorr LLP
`1875 Pennsylvania Ave., NW
`Washington, DC 20006
`Tel: (202) 663-6000
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________________________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________________________________________
`
`CISCO SYSTEMS, INC., AND AVAYA, INC,
`Petitioners
`
`v.
`
`STRAIGHT PATH IP GROUP, INC.,
`Patent Owner
`____________________________
`
`Case IPR2015-010111
`Patent No. 6,108,704
`
`Before KALYAN K. DESHPANDE, TRENTON A. WARD, and BART A.
`GERSTENBLITH, Administrative Patent Judges.
`
`PETITIONERS’ NOTICE OF APPEAL
`
`
`
`1 This proceeding has been joined with IPR2014-01366.
`
`
`
`
`
`
`
`
`
`Trial No. IPR2015-01011
`Petitioners’ Notice of Appeal
`
`
`
`
`
`
`
`Director of the United States Patent and Trademark Office
`c/o Office of the General Counsel
`P.O. Box 1450
`Alexandria, VA 22314-5793
`
`
`Pursuant to 35 U.S.C. §§ 141-44 and 319, and 37 C.F.R. § 90.2-90.3, notice
`
`is hereby given that Petitioners Cisco Systems, Inc. and Avaya, Inc. (“Petitioners”)
`
`appeal to the United States Court of Appeals for the Federal Circuit from the Final
`
`Written Decision entered March 4, 2016 (Paper 13) in IPR2015-01011, and all
`
`prior and interlocutory rulings related thereto or subsumed therein.
`
`In accordance with 37 C.F.R. § 90.2(a)(3)(ii), Petitioners further indicate
`
`that the issues on appeal include, but are not limited to, the Patent Trial and Appeal
`
`Board’s determination that Petitioners did not establish by a preponderance of the
`
`evidence that claims 1, 11, 12, 14, 16, 22, 23, 27, 30, and 31 of U.S. Patent No.
`
`6,108,704 are unpatentable as obvious over the Microsoft Manual and NetBIOS
`
`under 35 U.S.C. § 103, the Patent Trial and Appeal Board’s application of the
`
`construction of “is connected to the computer network” as “is connected to the
`
`computer network at the time the query is transmitted,” and any finding or
`
`determination supporting or related to those issues, as well as all other issues
`
`decided adversely to Petitioners in any orders, decisions, rulings, and opinions.
`
`Pursuant to 37 C.F.R. § 90.3, this Notice of Appeal is timely, having been
`
`duly filed within 63 days after the date of the Final Written Decision.
`
`A copy of this Notice of Appeal is being filed simultaneously with the Patent
`
`1
`
`
`
`
`
`
`
`
`
`Trial and Appeal Board, the Clerk’s Office for the United States Court of Appeals
`
`Trial No. IPR2015-01011
`Petitioners’ Notice of Appeal
`
`
`
`for the Federal Circuit, and the Patent Owner.
`
`
`
`May 6, 2016
`
`
`
`
`
`
`
`Respectfully submitted,
`
`
`
`
`/David L. Cavanaugh/
`David L. Cavanaugh, Reg. No. 36,476
`David.Cavanaugh@wilmerhale.com
`Jason D. Kipnis, Reg. No. 40,680
`Jason.Kipnis@wilmerhale.com
`Wilmer Cutler Pickering Hale and Dorr LLP
`1875 Pennsylvania Ave., NW
`Washington, DC 20006
`Tel: (202) 663-6000
`
`Attorneys for Petitioners Cisco Systems,
`Inc. and Avaya, Inc.
`
`2
`
`
`
`
`
`
`
`
`
`
`CERTIFICATE OF SERVICE
`
`
`
`Trial No. IPR2015-01011
`Petitioners’ Notice of Appeal
`
`Pursuant to 37 C.F.R. §§ 90.2(a)(1) and 104.2(a), I hereby certify that, in
`
`addition to being filed electronically through the Patent Trial and Appeal Board’s
`
`Patent Review Processing System (PRPS), a true and correct original version of the
`
`foregoing PETITIONERS’ NOTICE OF APPEAL is being filed by Express Mail
`
`(Express Mail Label EM 275066142 US) on this 6th day of May, 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
`United States Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`Pursuant to 37 C.F.R. § 90.2(a)(2) and Federal Circuit Rule 15(a)(1), and
`
`Rule 52(a),(e), I hereby certify that a true and correct copy of the foregoing
`
`PETITIONERS’ NOTICE OF APPEAL is being filed in the United States Court of
`
`Appeals for the Federal Circuit using the Court’s CM/ECF filing system on this
`
`day, May 6, 2016, and the filing fee is being paid electronically using pay.gov.
`
`I hereby certify that on May 6, 2016 I caused a true and correct copy of the
`
`PETITIONERS’ NOTICE OF APPEAL to be served via e-mail on the following
`
`
`
`
`
`
`
`
`attorneys of record:
`
`Trial No. IPR2015-01011
`Petitioners’ Notice of Appeal
`
`
`
`
`
`
`
`William Meunier, straightpathiprs@mintz.com
`
`Respectfully submitted,
`
`
`/David L. Cavanaugh/
`David L. Cavanaugh, Reg. No. 36,476
`David.Cavanaugh@wilmerhale.com
`WILMER CUTLER PICKERING
`HALE AND DORR LLP
`1875 Pennsylvania Avenue NW
`Washington, DC 20006
`Tel: (202) 663-6000
`Fax: (202) 663-6363
`
`
`
`Dated: May 6, 2016
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