Filed on behalf of DSS TECHNOLOGY MANAGEMENT, INC.
`By:
`James C. Gumina (gumina@mbhb.com)
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`Michael D. Clifford (clifford@mbhb.com)
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`Michael D. Anderson (andersonm@mbhb.com)
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`McDonnell Boehnen Hulbert & Berghoff LLP
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`300 South Wacker Drive
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`Suite 3200
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`Chicago, Illinois 60606
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`Tel.: (312) 913-0001
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`Fax: (312) 913-0002
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________________
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` SAMSUNG ELECTRONICS CO., LTD.,
`Petitioner,
`
`v.
`
`DSS TECHNOLOGY MANAGEMENT, INC.,
`Patent Owner.
`_____________
`
`Case IPR2016-00782
`Patent 6,784,552
`______________
`
`PATENT OWNER’S NOTICE OF APPEAL TO THE UNITED STATES
`COURT OF APPEALS FOR THE FEDERAL CIRCUIT
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`By:
`James C. Gumina (gumina@mbhb.com)
`
`Michael D. Clifford (clifford@mbhb.com)
`
`Michael D. Anderson (andersonm@mbhb.com)
`
`McDonnell Boehnen Hulbert & Berghoff LLP
`
`300 South Wacker Drive
`
`Suite 3200
`
`Chicago, Illinois 60606
`
`Tel.: (312) 913-0001
`
`Fax: (312) 913-0002
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________________
`
` SAMSUNG ELECTRONICS CO., LTD.,
`Petitioner,
`
`v.
`
`DSS TECHNOLOGY MANAGEMENT, INC.,
`Patent Owner.
`_____________
`
`Case IPR2016-00782
`Patent 6,784,552
`______________
`
`PATENT OWNER’S NOTICE OF APPEAL TO THE UNITED STATES
`COURT OF APPEALS FOR THE FEDERAL CIRCUIT
`
`
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`I.
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`Notice of Appeal
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`Case IPR2016-00782
`U.S. Patent No. 6,784,552
`
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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 DSS
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`Technology Management, Inc., a wholly-owned subsidiary of Document Security
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`Systems, Inc., (“Patent Owner” or “DSS”) appeals to the United States Court of
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`Appeals for the Federal Circuit from the Patent Trial and Appeal Board’s Final
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`Written Decision entered on September 20, 2017 (Paper 18) in the above-captioned
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`inter partes review of U.S. Patent No. 6,784,552 (“the ’552 Patent”). This notice
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`is timely filed within 63 days of the Board’s Final Written Decision. 37 C.F.R.
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`§ 90.3.
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`In accordance with 37 C.F.R. § 90.2(a)(3)(ii), Patent Owner indicates that
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`the issues on appeal include the following: (1) whether the Board erred in finding
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`that claims 1, 2, and 4-12 of ‘552 Patent are not patentable under 35 U.S.C.
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`§ 102(b) over the non-patent literature Kuesters et al., Self Aligned Bitline Contact
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`For 4 Mbit dRAM, PROCEEDINGS OF THE FIRST INTERNATIONAL SYMPOSIUM ON
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`ULTRA LARGE SCALE INTEGRATION SCIENCE AND TECHNOLOGY 640–49 (1987)
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`(“Kuesters”), due to the Board’s findings in its Final Written Decision being
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`unsupported by substantial evidence or resting on legal error; (2) whether the
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`Board erred in finding that claim 3 of ‘552 Patent is not patentable under 35 U.S.C.
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`§ 103(a) over Kuesters and U.S. Patent No. 5,482,894 (“Havemann”); (3) whether
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`Case IPR2016-00782
`U.S. Patent No. 6,784,552
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`the Board erred in finding that claims 1, 2, and 4-7 of ‘552 Patent are not
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`patentable under 35 U.S.C. § 103(a) over Kuesters and U.S. Patent No. 4,686,000
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`(“Heath”); (4) whether the Board erred in finding that claim 3 of ‘552 Patent is not
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`patentable under 35 U.S.C. § 103(a) over Kuesters, Heath, and Havemann;
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`(5) whether the Board’s decision was arbitrary, capricious, an abuse of discretion,
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`or otherwise not in accordance with law; (6) whether the Board exceeded its power
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`under the U.S. Constitution by finding that claims 1-12 were not patentable,
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`thereby violating the U.S. Constitution by extinguishing private property rights
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`through a non-Article III forum without a jury; and (7) all other issues decided
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`adversely to Patent Owner, including any orders, decisions, rulings and/or
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`opinions, including.
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`Simultaneously with this submission, Patent Owner is filing a true and
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`correct copy of this Notice of Appeal with the Director of the U.S. Patent and
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`Trademark Office and filing one copy of this Notice of Appeal, along with the
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`required docketing fees, with the Clerk of the U.S. Court of Appeals for the
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`Federal Circuit as set forth in the accompanying Certificate of Filing and
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`Certificate of Service.
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`
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`Date: November 17, 2017
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`Respectfully submitted,
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`/James C. Gumina/
`James C. Gumina (Reg. No. 32,898)
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`Case IPR2016-00782
`U.S. Patent No. 6,784,552
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`Michael D. Clifford (Reg. No. 60,550)
`Michael D. Anderson (Reg. No. 66,839)
`McDonnell Boehnen Hulbert & Berghoff
`300 South Wacker Drive, Suite 3200
`Chicago, Illinois 60606
`(312) 913-0001
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`Case IPR2016-00782
`U.S. Patent No. 6,784,552
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`CERTIFICATE OF SERVICE AND FILING
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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 served on opposing counsel by filing this document
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`through the Patent Trial and Appeal Board via PTAB E2E, as well as by delivering
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`copies of the same via Priority Mail Express and electronic mail, on November 17,
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`2017, upon the following:
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`Jeremy Jason Lang
`E-mail: jason.lang@weil.com
`Weil, Gotshal & Manges LLP
`201 Redwood Shores Parkway
`Redwood Shores, CA 94065
`650-802-3237
`
`Robert S. Magee
`E-mail: robert.magee@weil.com
`Weil, Gotshal & Manges LLP
`201 Redwood Shores Parkway
`Redwood Shores, CA 94065
`650-802-3985
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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 also filed with the Director of the United States Patent
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`and Trademark Office via Priority Mail Express at the address below, was
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`electronically filed with the Patent Trial and Appeal Board via PTAB E2E, and
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`was filed with the Clerk of the United States Court of Appeals for the Federal
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`Circuit electronically via CM/ECF on November 17, 2017.
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`Case IPR2016-00782
`U.S. Patent No. 6,784,552
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`Via Priority Mail Express:
`
`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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`Respectfully submitted,
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`/James C. Gumina/
`James C. Gumina (Reg. No. 32,898)
`Lead Counsel for Patent Owner
`McDonnell Boehnen Hulbert & Berghoff
`300 South Wacker Drive, Suite 3200
`Chicago, Illinois 60606
`(312) 913-0001
`
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`Date: November 17, 2017
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