`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`__________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`___________________
`
`PALO ALTO SYSTEMS, INC., and
`BLUE COAT SYSTEMS LLC,
`Petitioner,
`
`v.
`
`FINJAN, INC.,
`Patent Owner.
`
`____________________
`
`Case IPR2016-001591
`Patent 8,677,494 B2
`__________________________________________________________
`
`PATENT OWNER’S NOTICE OF APPEAL
`
`
`
`
`
`1 Case IPR2016-01174 has been joined with the instant proceeding.
`
`
`
`
`
`Patent Owner’s Notice of Appeal
`IPR2015-00159 (U.S. Patent No. 8,677,494)
`
`Pursuant to 35 U.S.C. §§ 141 and 142 and 37 C.F.R. §§ 90.2 and 90.3,
`
`Patent Owner, Finjan, Inc., 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 April 11, 2017, (Paper 50)
`
`and from all underlying orders, decisions, rulings, and opinions regarding U.S.
`
`Patent 8,677,494 (“the ‘494 patent”) at issue in inter partes review IPR2016-
`
`00159.
`
`The issues on appeal, pursuant to 37 C.F.R. § 90.2(a)(3)(ii) include, but are
`
`not limited to, the Board’s decision on rehearing not to consider Petitioner’s
`
`contrary litigation position; the Board’s construction of the terms “list of
`
`suspicious computer operations” and “storing the Downloadable security profile
`
`data in a database”; the Board’s determination that Petitioner showed by a
`
`preponderance of the evidence that claims 1, 2, and 6 of the ‘494 Patent are
`
`unpatentable under 35 U.S.C. § 103 over Morton Swimmer et al., Dynamic
`
`Detection and Classification of Computer Viruses Using General Behaviour
`
`Patterns, Virus Bull. Conf. 75 (Sept. 1995) (Ex. 1006) (“Swimmer”); the Board’s
`
`interpretation of Swimmer; the Board’s determination that Swimmer was publicly
`
`available; any finding or determination supporting or related to those issues; as
`
`well as other issues decided adversely to Finjan in any orders, decisions, rulings,
`
`and opinions.
`
`1
`
`
`
`
`
`Patent Owner’s Notice of Appeal
`IPR2015-00159 (U.S. Patent No. 8,677,494)
`
`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: September 27, 2017
`
`Respectfully submitted,
`
`
`
`
`
`/James Hannah/
`
`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
`
`
`
`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
`
`(Case No. IPR2016-00159) Attorneys for Patent Owner
`
`
`
`2
`
`
`
`Patent Owner’s Notice of Appeal
`IPR2015-01892 (U.S. Patent No. 8,677,494)
`
`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
`
`September 27, 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 below.
`
`Orion Armon
`Brian Eutermoser
`COOLEY LLP
`380 Interlocken Crescent, Suite 900
`Broomfield, Colorado 80021
`oarmon@cooley.com
`beutermoser@cooley.com
`zpatdcdocketing@cooley.com
`
`Michael T. Rosato
`Andrew S. Brown
`WILSON SONSINI GOODRICH
`& ROSATI
`701 Fifth Ave., Ste. 5100
`Seattle, WA 98104
`mrosato@wsgr.com
`asbrown@wsgr.com
`
`
`Jennifer Volk-Fortier
`COOLEY LLP
`One Freedom Square
`Reston Town Center
`11951 Freedom Drive
`Reston, Virginia 2019
`jvolkfortier@cooley.com
`zpatdcdocketing@cooley.com
`
`Max Colice
`COOLEY LLP
`500 Boylston Street, 14th Floor
`Boston, Massachusetts 02116-3736
`mcolice@cooley.com
`zpatdcdocketing@cooley.com
`
`In addition, the foregoing Patent Owner’s Notice of Appeal was filed by
`
`Express Mail on September 27, 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
`
`3
`
`
`
`
`
`Patent Owner’s Notice of Appeal
`IPR2015-00159 (U.S. Patent No. 8,677,494)
`
`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 September 27, 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
`
`
`
`
`4
`
`
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