`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`__________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`___________________
`
`ACTIVISION BLIZZARD, INC.,
`ELECTRONIC ARTS INC.,
`TAKE-TWO INTERACTIVE SOFTWARE, INC.,
`2K SPORTS, INC.,
`ROCKSTAR GAMES, INC., and
`BUNGIE, INC.,
`Petitioner,
`v.
`
`ACCELERATION BAY, LLC,
`Patent Owner.
`____________________
`
`Case IPR2015-019721
`Patent 6,701,344
`
`__________________________________________________________
`
`PATENT OWNER’S NOTICE OF APPEAL
`
`
`
`
`1 Bungie, Inc., who filed a Petition in IPR2016-00934, has been joined as a
`petitioner in this proceeding.
`
`
`
`Patent Owner’s Notice of Appeal
`IPR2015-01972 (U.S. Patent No. 6,701,344)
`
`Pursuant to 35 U.S.C. §§ 141 and 142 and 37 C.F.R. §§ 90.2 and 90.3,
`
`Patent Owner, Acceleration Bay, LLC, hereby provides notice that it appeals to the
`
`United States Court of Appeals for the Federal Circuit from the Final Written
`
`Decision of the Patent Trial and Appeal Board (“the Board”) entered March 23,
`
`2017 (Paper 111) and from all underlying orders, decisions, rulings, and opinions
`
`regarding U.S. Patent 6,701,344 (“the ‘344 patent”) at issue in inter partes review
`
`IPR2015-01972.
`
`The issues on appeal, pursuant to 37 C.F.R. § 90.2(a)(3)(ii) include, but are
`
`not limited to, (1) the Board’s construction of the terms “game environment,”
`
`“participant,” and “connection”; (2) the Board’s determination that Petitioner
`
`showed by a preponderance of the evidence that claims 1–11 and 16–19 of the
`
`‘344 Patent are unpatentable under 35 U.S.C. § 103 over Shoubridge et al., Hybrid
`
`Routing in Dynamic Networks, 3 IEEE INT’L CONF. ON COMMS. CONF. REC. 1381–
`
`86 (Montreal, 1997) (Ex. 1105) (“Shoubridge”); (3) the Board’s interpretation of
`
`Shoubridge; (4) the Board’s reliance on evidence and arguments presented for the
`
`first time in Petitioner’s Reply with respect to claims 1–11 and 16–19; (5) the
`
`Board’s determination that proposed substitute claims 20 and 22 are unpatentable
`
`under 35 U.S.C. § 103 over Shoubridge in view of Gautier et al, Design and
`
`Evaluation of MiMaze, a Multi-Player Game on the Internet, IEEE INT’L CONF. ON
`
`MULTIMEDIA COMPUTING & SYS. 233–36 (1998) (Ex. 1149) (“Gautier”); (6) the
`
`1
`
`
`
`Patent Owner’s Notice of Appeal
`IPR2015-01972 (U.S. Patent No. 6,701,344)
`
`Board’s determination that Shoubridge was publicly available; (7) the Board’s
`
`shifting of the burden of proof to Patent Owner; (8) any finding or determination
`
`supporting or related to those issues; as well as (9) other issues decided adversely
`
`to Acceleration Bay, LLC, in any orders, decisions, rulings, and opinions.
`
`Copies of Patent Owner’s Notice of Appeal are being filed simultaneously
`
`with the Director of the United States Patent and Trademark Office, the Patent
`
`Trial and Appeal Board, and the United States Court of Appeals for the Federal
`
`Circuit.
`
`Dated: May 24, 2017
`
`(Case No. IPR2015-01972)
`
`Respectfully submitted,
`
`
`
`
`
`/James Hannah/
`
`James Hannah (Reg. No. 56,369)
`jhannah@kramerlevin.com
`Michael Lee (Reg. No. 63,941)
` mhlee@kramerlevin.com
`Kramer Levin Naftalis & Frankel LLP
`990 Marsh Road
`Menlo Park, CA 94025
`Tel: 650.752.1700
`Fax: 212.715.8000
`
`Shannon Hedvat (Reg. No. 68,417)
` shedvat@kramerlevin.com
`Jeffrey Price (Reg. No. 69,141)
` jprice@kramerlevin.com
`Kramer Levin Naftalis & Frankel LLP
`1177 Avenue of the Americas
`New York, NY 10036
`Tel: 212.715.9185
`Fax: 212.715.8385
`
`Attorneys for Patent Owner
`
`2
`
`
`
`Patent Owner’s Notice of Appeal
`IPR2015-01972 (U.S. Patent No. 6,701,344)
`
`CERTIFICATE OF SERVICE
`
`Pursuant to 37 C.F.R. § 42.6(e), the undersigned certifies that a true and
`
`correct copy of the foregoing Patent Owner’s Notice of Appeal was served on May
`
`24, 2017, by filing this document through the Patent Review Processing System as
`
`well as delivering via electronic mail upon the following counsel of record for
`
`Petitioner:
`
`J. Steven Baughman
`Ropes & Gray LLP
`2099 Pennsylvania Ave., NW
`Washington D.C. 20006-6807
`steven.baughman@ropesgray.com
`Activision_Blizzard_PTAB_Service@ropesgray.com
`
`Andrew Thomases
`Daniel W. Richards
`James L. Davis, Jr.
`ROPES & GRAY LLP
`1900 University Ave., 6th Floor
`East Palo Alto, CA 94303
`andrew.thomases@ropesgray.com
`Daniel.w.richards@ropesgray.com
`james.l.davis@ropesgray.com
`
`Matthew R. Shapiro
`Joseph E. Van Tassel
`ROPES & GRAY LLP
`1211 Avenue of the Americas
`New York, NY 10036
`matthew.shapiro@ropesgray.com
`joseph.vantassel@ropesgray.com
`
`
`
`3
`
`
`
`Patent Owner’s Notice of Appeal
`IPR2015-01972 (U.S. Patent No. 6,701,344)
`
`Mike Tomasulo
`WINSTON &STRAWN LLP
`333 S. Grand Avenue, 38th Floor
`Los Angeles, CA 90071
`mtomasulo@winston.com
`
`Michael M. Murray
`WINSTON &STRAWN LLP
`275 Middlefield Road, Suite 205
`Menlo Park, CA 94025
`mmurray@winston.com
`
`Andrew R. Sommer
`WINSTON &STRAWN LLP
`1700 K. Street, N.W.
`Washington D.C. 20006-3817
`asommer@winston.com
`
`Counsel for Petitioner Activision Blizzard, Inc.,
`Electronic Arts Inc., Take-Two Interactive Software,
`Inc., 2K Sports, Inc., and Rockstar Games, Inc.
`
`Michael T. Rosato
`Andrew S. Brown
`WILSON SONSINI GOODRICH & ROSATI
`701 Fifth Avenue, Suite 5100
`Seattle, WA 98104-7036
`mrosato@wsgr.com
`asbrown@wsgr.com
`
`Jose C. Villarreal
`Eric C. Arnell
`WILSON SONSINI GOODRICH & ROSATI
`900 South Capital of Texas Hwy
`Las Cimas IV, Fifth Floor
`Austin, TX 78746-5546
`jvillarreal@wsgr.com
`earnell@wsgr.com
`
`Counsel for Petitioner Bungie, Inc.
`
`4
`
`
`
`Patent Owner’s Notice of Appeal
`IPR2015-01972 (U.S. Patent No. 6,701,344)
`
`In addition, the foregoing Patent Owner’s Notice of Appeal was filed by
`
`Express Mail on May 24, 2017, with the United States Patent and Trademark
`
`Office at the following address:
`
`Office of the General Counsel
`United States Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`
`
`The undersigned hereby certifies that the foregoing Patent Owner’s Notice
`
`of Appeal was electronically filed with the United States Court of Appeals for the
`
`Federal Circuit through CM/ECF and pay.gov on May 24, 2017. Pursuant to
`
`Federal Circuit Rule 15, one paper copy of the foregoing was simultaneously sent
`
`to the Clerk of the United States Court of Appeals for the Federal Circuit.
`
`
`
`
`
`
`
`
`
`
`
`/James Hannah/
`
`James Hannah (Reg. No. 56,369)
`Kramer Levin Naftalis & Frankel LLP
`990 Marsh Road,
`Menlo Park, CA 94025
`(650) 752-1700
`
`5
`
`
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