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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`__________________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`___________________
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`SYMANTEC CORP., and
`BLUE COAT SYSTEMS, INC.,
`Petitioner,
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`v.
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`FINJAN, INC.,
`Patent Owner.
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`____________________
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`Case IPR2015-018921
`Patent 8,677,494 B2
`__________________________________________________________
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`PATENT OWNER’S NOTICE OF APPEAL
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`1 Case IPR2016-00890 has been joined with the instant proceeding.
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`Patent Owner’s Notice of Appeal
`IPR2015-01892 (U.S. Patent No. 8,677,494)
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`Pursuant to 35 U.S.C. §§ 141 and 142 and 37 C.F.R. §§ 90.2 and 90.3,
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`Patent Owner, Finjan, Inc., hereby provides notice that it appeals to the United
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`States Court of Appeals for the Federal Circuit from the Final Written Decision of
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`the Patent Trial and Appeal Board (“the Board”) entered March 15, 2017 (Paper
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`58) and from all underlying orders, decisions, rulings, and opinions regarding U.S.
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`Patent 8,677,494 (“the ‘494 patent”) at issue in inter partes review IPR2015-
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`01892.
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`The issues on appeal, pursuant to 37 C.F.R. § 90.2(a)(3)(ii) include, but are
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`not limited to, the Board’s construction of the terms “list of suspicious computer
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`operations” and “storing the Downloadable security profile data in a database”;
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`the Board’s determination that Petitioner showed by a preponderance of the
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`evidence that claims 1, 2, and 6 of the ‘494 Patent are unpatentable under
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`35 U.S.C. § 103 over Morton Swimmer et al., Dynamic Detection and
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`Classification of Computer Viruses Using General Behaviour Patterns, Virus Bull.
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`Conf. 75 (Sept. 1995) (Ex. 1005) (“Swimmer”); the Board’s interpretation of
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`Swimmer; the Board’s determination that Swimmer was publicly available; any
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`finding or determination supporting or related to those issues; as well as other
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`issues decided adversely to Finjan in any orders, decisions, rulings, and opinions.
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`Copies of Patent Owner’s Notice of Appeal are being filed simultaneously
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`with the Director of the United States Patent and Trademark Office, the Patent
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`1
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`Trial and Appeal Board, and the United States Court of Appeals for the Federal
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`Patent Owner’s Notice of Appeal
`IPR2015-01892 (U.S. Patent No. 8,677,494)
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`Circuit.
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`Dated: May 17, 2017
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`Respectfully submitted,
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`/James Hannah/
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`James Hannah (Reg. No. 56,369)
`jhannah@kramerlevin.com
`Kramer Levin Naftalis & Frankel LLP
`990 Marsh Road
`Menlo Park, CA 94025
`Tel: 650.752.1700 Fax: 650.752.1800
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`
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`Jeffrey Price (Reg. No. 69,141)
`jprice@kramerlevin.com
`Kramer Levin Naftalis & Frankel LLP
`1177 Avenue of the Americas
`New York, NY 10036
`Tel: 212.715.7502 Fax: 212.715.8302
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`(Case No. IPR2015-01892) Attorneys for Patent Owner
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`2
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`Patent Owner’s Notice of Appeal
`IPR2015-01892 (U.S. Patent No. 8,677,494)
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`CERTIFICATE OF SERVICE
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`Pursuant to 37 C.F.R. § 42.6(e), the undersigned certifies that a true and
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`correct copy of the foregoing Patent Owner’s Notice of Appeal was served on May
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`17, 2017, by filing this document through the Patent Review Processing System as
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`well as delivering via electronic mail upon the following counsel of record for
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`Daniel A. Crowe
`BRYAN CAVE LLP
`One Metropolitan Square
`211 N. Broadway, Suite 3600
`St. Louis, MO 63102
`dacrowe@bryancave.com
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`Petitioner below.
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`Joseph J. Richetti
`BRYAN CAVE LLP
`1290 Avenue of the Americas
`New York, NY 10104
`joe.richetti@bryancave.com
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`Michael T. Rosato
`Andrew S. Brown
`WILSON SONSINI GOODRICH
`& ROSATI
`701 Fifth Ave., Ste. 5100
`Seattle, WA 98104
`mrosato@wsgr.com
`asbrown@wsgr.com
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`In addition, the foregoing Patent Owner’s Notice of Appeal was filed by
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`Express Mail (Express Mail Label No. EI 715048105 US) on May 17, 2017, with
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`the United States Patent and Trademark Office at the following address:
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`Office of the General Counsel
`United States Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
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`3
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`Patent Owner’s Notice of Appeal
`IPR2015-01892 (U.S. Patent No. 8,677,494)
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`The undersigned hereby certifies that the foregoing Patent Owner’s Notice
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`of Appeal was electronically filed with the United States Court of Appeals for the
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`Federal Circuit through CM/ECF and pay.gov on May 17, 2017. Pursuant to
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`Federal Circuit Rule 15, one paper copy of the foregoing was simultaneously sent
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`to the Clerk of the United States Court of Appeals for the Federal Circuit.
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` /James Hannah/
`James Hannah (Reg. No. 56,369)
`Kramer Levin Naftalis & Frankel LLP
`990 Marsh Road,
`Menlo Park, CA 94025
`(650) 752-1700
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`4
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