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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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`MICROSOFT CORPORATION,
`Petitioner
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`v.
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`BRADIUM TECHNOLOGIES LLC,
`Patent Owner
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`CASE IPR2016-00449
`Patent 8,924,506 B2
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`PATENT OWNER’S NOTICE OF APPEAL
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`Case No. IPR2016-00449
`Inter Partes Review of Patent No. 8,924,506 B2
`Patent Owner's Notice of Appeal
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`Office of the General Counsel
`United States Patent and Trademark Office
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
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`
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`Notice is hereby given, pursuant to 37 C.F.R. § 90.2(a)(1), that Patent
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`Owner Bradium Technologies LLC (“Patent Owner” or “Bradium”) hereby
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`timely appeals under 35 U.S.C. §§ 141, 142, and 319 to the United States Court
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`of Appeals for the Federal Circuit from the Final Written Decision entered on
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`July 26, 2017 (Paper No. 67), and from all underlying orders, decisions, rulings,
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`and opinions.
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`In accordance with 37 C.F.R. § 90.2(a)(3)(ii), Bradium states that the
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`issues for appeal include, but are not limited to: (i) whether the Board erred in
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`finding claims 1–21 of U.S. Patent No. 8,924,506 unpatentable; (ii) whether inter
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`partes review proceedings violate the Constitution by extinguishing private
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`property rights through a non-Article III forum without a jury; (iii) whether the
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`Board violated Bradium’s due process rights, acted in an arbitrary or capricious
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`manner and/or exceeded its authority, or otherwise erred in instituting the
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`IPR2016-00449 inter partes review proceeding after denying institution of
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`IPR2015-01435 based on a petition by the same Petitioner Microsoft. A copy of
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`the Final Written Decision is attached hereto.
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`Simultaneous with this submission, a copy of this Notice of Appeal is
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`being filed with the Patent Trial and Appeal Board. In addition, a copy is being
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`Case No. IPR2016-00449
`Inter Partes Review of Patent No. 8,924,506 B2
`Patent Owner's Notice of Appeal
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`electronically filed with the Clerk’s Office for the United States Court of Appeals
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`for the Federal Circuit (via CM/ECF), along with the required docketing fee.
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`Furthermore, a copy of this Notice of Appeal is being served on Petitioner
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`Microsoft.
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` Dated: September 20, 2017 /s/ Chris J. Coulson______________
`Chris J. Coulson (Reg. No. 61,771)
`ANDREWS KURTH KENYON LLP
`One Broadway
`New York, New York 1004-1007
`Tel: (212) 425-7200
`Fax: (212) 425-5288
`chriscoulson@andrewskurthkenyon.com
`Attorney for Patent Owner
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`Case No. IPR2016-00449
`Inter Partes Review of Patent No. 8,924,506 B2
`Patent Owner's Notice of Appeal
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`CERTIFICATE OF SERVICE
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`The undersigned hereby certifies that, in addition to being filed
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`electronically through the Patent Trial and Appeal Board’s End to End System
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`(PTAB E2E), the foregoing PATENT OWNER’S NOTICE OF APPEAL will be
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`sent by Express Mail, tracking number: EL 913104030 US, September 20, 2017,
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`with the Director of the United States Patent and Trademark Office, at the
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`following address:
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`Office of the General Counsel
`United States Patent and Trademark Office
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
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`In addition, the undersigned certifies that a copy of the foregoing Notice of
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`Appeal, along with the required docket fee, has or will be filed on September
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`20, 2017, with the Clerk’s Office for the United States Court of Appeals for the
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`Federal Circuit through the Court’s CM/ECF filing system.
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`The undersigned certifies pursuant to 37 C.F.R. § 42.6(e) that a true copy of
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`the foregoing PATENT OWNER’S NOTICE OF APPEAL will be served in its
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`entirety this 20th day of September, 2017, by electronic mail on the Petitioner
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`via its attorneys of record:
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`NY01:4385231.1
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`Case No. IPR2016-00449
`Inter Partes Review of Patent No. 8,924,506 B2
`Patent Owner's Notice of Appeal
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`Chun M. Ng (Reg. No. 36,878)
`Matthew Bernstein (pro hac vice)
`Patrick McKeever (Reg. No. 66,019)
`Vinay Sathe (Reg. No. 55,595)
`Evan S. Day (pro hac vice)
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`PerkinsServiceBradiumIPR@perkinscoie.com
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`/s/ Chris J. Coulson
`Chris J. Coulson (Reg. No. 61,771)
`ANDREWS KURTH KENYON LLP
`One Broadway
`New York, New York 1004-1007
`Tel: (212) 425-7200
`Fax: (212) 425-5288
`chriscoulson@andrewskurthkenyon.com
`Attorney for Patent Owner
`
`NY01:4385231.1
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`
`
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