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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`SIERRA WIRELESS AMERICA, INC., SIERRA WIRELESS, INC. AND RPX
`CORP.
`
`Petitioner
`v.
`
`M2M SOLUTIONS LLC
`Patent Owner
`
`Patent No. 8,648,717
`Issue Date: February 11, 2015
`Title: PROGRAMMABLE COMMUNICATOR
`
`Inter Partes Review No. 2015-01823
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`PETITIONERS’ MOTION FOR VOLUNTARY DISMISSAL OF APPEAL
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`
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`Motion for Voluntary Dismissal of Appeal
`Director of the United States Patent and Trademark Office
`
`U.S. Patent No. 8,648,717
`
`c/o Office of the Solicitor
`
`Madison Building East, 10B20
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`600 Dulany Street
`
`Alexandria, VA 22314-5793
`
`On May 8, 2017, Petitioners Sierra Wireless America, Inc., Sierra Wireless,
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`Inc., and RPX Corp. (“Petitioners”) filed a Notice of Appeal (Paper 41) to the
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`United States Court of Appeals for the Federal Circuit under 35 U.S.C. §§ 141 and
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`142 from the Final Written Decision of the Patent Trial and Appeal Board entered
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`on March 6, 2017 (Paper 38) (the “Final Written Decision”).
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`Pursuant to F.R.A.P. 42(a), Petitioners hereby move for voluntary dismissal
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`of their appeal of the Final Written Decision. Petitioners request that the Board
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`grant the voluntary dismissal of this appeal, with each side to bear its own costs.
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`Simultaneously with this submission, a copy of this Voluntary Dismissal is
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`being filed with the Patent Trial and Appeal Board. In addition, this Voluntary
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`Dismissal is being filed with the Clerk's Office for the United States Court of
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`Appeals for the Federal Circuit and served on Patent Owner’s counsel.
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`1
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`
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`U.S. Patent No. 8,648,717
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`Motion for Voluntary Dismissal of Appeal
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`Respectfully submitted,
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`Dated: May 9, 2017
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`By:
`
`/s/Jennifer Hayes
`Jennifer Hayes (CA Bar 241533)
`USPTO Reg. No. 50,845
`Nixon Peabody LLP
`300 S. Grand Avenue, Suite 4100
`Los Angeles, CA 90071
`Telephone: 213-629-6179
`Fax: 866-781-9391
`Email: jenhayes@nixonpeabody.com
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`2
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`
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`U.S. Patent No. 8,648,717
`
`Motion for Voluntary Dismissal of Appeal
`CERTIFICATE OF SERVICE
`I hereby certify that, in addition to being filed electronically through the
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`Patent and Trial Board's Patent Review Processing System (PRPS), the
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`original version of the foregoing Petitioners’ Motion for Voluntary Dismissal
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`was filed by Express Mail Label EL 437685993 US on this 9th day of May,
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`2017, with the Director of the United States Patent and Trademark Office, at
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`the following address:
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`Director of the United States Patent and Trademark Office
`c/o Office of the Solicitor
`United States Patent and Trademark Office
`Mail Stop 8
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`By: /s/Jennifer Hayes
`Lead Counsel for Petitioner
`
`
`
`U.S. Patent No. 8,648,717
`
`Motion for Voluntary Dismissal of Appeal
`CERTIFICATE OF SERVICE
`
`I hereby certify that a paper copy of the Motion for Voluntary
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`Dismissal was also filed with the Clerk's Office for the United States Court of
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`Appeals for the Federal Circuit on this 9th day of May, 2017.
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`By: /s/Jennifer Hayes
`Lead Counsel for Petitioner
`
`
`
`U.S. Patent No. 8,648,717
`
`Motion for Voluntary Dismissal of Appeal
`CERTIFICATE OF SERVICE
`The undersigned hereby certifies that a copy of the foregoing Motion for
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`Voluntary Dismissal was served on May 9, 2017 upon the following parties via
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`email:
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`Jeffrey Costakos
`jcostakos@foley.com
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`Michelle Moran
`mmoran@foley.com
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`By: /Jennifer Hayes/
`Lead Counsel for Petitioner
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`