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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`J KYLE BASS and ERICH SPANGENBERG,
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`Petitioners
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`v.
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`FRESENIUS KABI USA, LLC.,
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`Patent Owner.
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`Case No. IPR2016-00254
`Patent No. 8,476,010 B2
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`PATENT OWNER’S NOTICE OF APPEAL TO THE
`UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT
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`Case No. IPR2016-00254
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`Notice is hereby given, pursuant to 35 U.S.C. §§ 141(c), 142, 319; 37 C.F.R.
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`§§ 90.2(a), 90.3(a), and Federal Circuit Rule 15(a)(1), that Patent Owner Fresenius
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`Kabi USA, LLC (“Patent Owner”) appeals to the United States Court of Appeals for
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`the Federal Circuit from the Patent Trial and Appeal Board’s Final Written Decision
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`entered on June 7, 2017 (Paper 47), and from all underlying orders, decisions,
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`rulings, and opinions, in the above-captioned inter partes review of U.S. Patent No.
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`8,476,010 (“the ’010 patent”). This notice is timely filed within 63 days of the Final
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`Written Decision. 37 C.F.R. § 90.3(a)(1).
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`In accordance with 37 C.F.R. § 90.2(a)(3)(ii), Patent Owner indicates that the
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`issues on appeal include the following: (1) whether the Board erred in holding that
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`claims 1, 13-15, 17, 18, 20, and 24-28 are unpatentable; (2) whether the Board’s
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`decision was arbitrary, capricious, an abuse of discretion, or otherwise not in
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`accordance with law; (3) whether the Board’s subsidiary findings were unsupported
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`by substantial evidence and/or rested on legal error; (4) whether the Board exceeded
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`its administrative power under the Constitution by extinguishing private property
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`rights through a non-Article III forum without a jury under Oil States Energy Servs.,
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`LLC v. Greene's Energy Grp., LLC., 2017 WL 2507340 (U.S. June 12, 2017) when it
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`found that claims 1, 13-15, 17, 18, 20, and 24-28 were unpatentable; and (5) all other
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`issues decided adversely to Patent Owner, including any orders, decisions, rulings
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`and/or opinions.
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`Pursuant to 35 U.S.C. § 142 and 37 C.F.R. § 90.2(a), simultaneously with this
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`2
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`Case No. IPR2016-00254
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`submission, Patent Owner is filing a true and correct copy of this Notice of Appeal
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`with the Director of the U.S. Patent and Trademark Office and filing one copy of this
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`Notice of Appeal, along with the required docketing fees, with the Clerk of the U.S.
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`Court of Appeals for the Federal Circuit.
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`Dated: August 8, 2017
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`Respectfully submitted,
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`/Cynthia Lambert Hardman/
`(Reg. No. 53,179)
`Goodwin Procter LLP
`The New York Times Building
`620 Eighth Avenue
`New York, NY 10018
`Phone: 212-813-8800
`Fax: 212-208-4639
`chardman@goodwinlaw.com
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`Counsel for Patent Owner Fresenius Kabi USA,
`LLC
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`3
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`Case No. IPR2016-00254
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`CERTIFICATION OF SERVICE AND FILING
`The undersigned hereby certifies that PATENT OWNER’S NOTICE OF
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`APPEAL TO THE UNITED STATES COURT OF APPEALS FOR THE
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`FEDERAL CIRCUIT was served electronically via e-mail on August 8, 2017 on
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`the following:
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`Dr. Gregory J. Gonsalves
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`gonsalves@gonsalveslawfirm.com
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`Christopher Casieri
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`chris@miplaw.com
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`The undersigned hereby certifies that “PATENT OWNER’S NOTICE OF
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`APPEAL TO THE UNITED STATES COURT OF APPEALS FOR THE
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`FEDERAL CIRCUIT” was filed with the Director of the United States Patent and
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`Trademark Office via hand delivery at the address below, was electronically filed
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`with the Patent Trial and Appeal Board via PTAB E2E, and was filed with the Clerk
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`of the United States Court of Appeals for the Federal Circuit electronically via
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`CM/ECF and via first class mail, postage prepaid at the address below on this 8th
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`day of August, 2017.
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`Via hand delivery:
`Director of the United States Patent and Trademark Office
`Office of the General Counsel
`Patent and Trademark Office
`Madison East
`10B20 600 Dulany Street
`Alexandria, VA 22314
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`4
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`Case No. IPR2016-00254
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`Via first class mail:
`Clerk of Court
`United States Court of Appeals for the Federal Circuit
`717 Madison Place, N.W.
`Washington, DC 20439
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`Dated: August 8, 2017
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`/Cynthia Lambert Hardman/
`Cynthia Lambert Hardman
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`5
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