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`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_____________________
`
`
`VALVE CORPORATION,
`Petitioner,
`
`v.
`
`IRONBURG INVENTIONS LTD.,
`Patent Owner.
`
`____________________
`
`Case: IPR2016-00948
`
`U.S. Patent 8,641,525
`____________________
`
`
`
`PETITIONER’S NOTICE OF CROSS-APPEAL
`
`
`
`- 1 -
`
`
`
`
`
`
`
`
`
`

`

`
`
`To: Director of the United States Patent and Trademark Office
`c/o Office of the General Counsel
`
`
`
`
`NOTICE OF CROSS-APPEAL
`
`Please take notice that Petitioner Valve Corporation (“Valve”) hereby cross-
`
`appeals under 35 U.S.C. §§ 141(c) and 142 and 37 C.F.R §§ 90.2 and 90.3 to the
`
`U.S. Court of Appeals for the Federal Circuit from the final written decision of
`
`September 22, 2017 (Paper 44), and from the rehearing decision of January 26,
`
`2018 (Paper 54), of the inter-partes review proceeding IPR2016-00948 before the
`
`Patent Trial and Appeal Board (PTAB) of the United States Patent and Trademark
`
`Office (USPTO), in which the PTAB did not find claims 1-11, 13, 16, and 17
`
`obvious over the combination of U.S. Patent App. Pub. 2010/0073283 (“Enright”)
`
`and U.S. Patent No. 5,989,123 (“Tosaki”), and did not find claim 18 obvious over
`
`the combination of Enright, Tosaki and U.S. Patent No. 4,032,728 (“Oelsch”).
`
`Patent Owner Ironburg Inventions Ltd. (“Ironburg”) filed a notice of appeal with
`
`this Court on March 27, 2018 from the same final written decision and rehearing
`
`decision in IPR2016-00948 (CAFC Docket 18-1731), and so the present notice of
`
`cross-appeal is timely under the Federal Rule of Appellate Procedure (“FRAP”)
`
`4(a)(3).
`
`
`
`
`
`- 2 -
`
`

`

`ISSUES ON CROSS-APPEAL
`
`For the limited purpose of providing the Director of the USPTO the
`
`information required under 37 C.F.R. 90.2(a)(3)(ii), Valve hereby identifies the
`
`following issues on cross-appeal:
`
`(a) Whether the PTAB erred in finding that Valve did not demonstrate
`
`sufficiently that claims 1-11, 13, 16, and 17 are obvious over the
`
`combination of Enright and Tosaki, including any supporting
`
`determinations by the PTAB;
`
`(b) Whether the PTAB erred in finding that Valve did not demonstrate
`
`sufficiently that claim 18 is obvious over the combination of Enright,
`
`Tosaki and Oelsch, including any supporting determinations by the
`
`PTAB.
`
`RELATED FILINGS AND SERVICE
`
`This Notice is being filed today with the Director of the USPTO by USPS
`
`Priority Mail Express®, per 37 C.F.R § 90.2(a), at:
`
`Director of the USPTO
`c/o Office of the General Counsel of the USPTO
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`A true copy of this Notice has also been filed today with the PTAB through
`
`the PTAB E2E electronic filing system, per 37 C.F.R § 90.2(a).
`
`
`
`- 3 -
`
`

`

`A true copy is also being electronically filed today with the United States
`
`Court of Appeals for the Federal Circuit (including copies of the PTAB decisions
`
`being appealed from and payment of the requisite filing fee), with a paper copy
`
`simultaneously sent by USPS Priority Mail Express® to:
`
`Clerk of Court
`United States Court of Appeals for the
`Federal Circuit 717 Madison Place NW
`Washington, DC 20439
`
`A true copy of this Notice has also been electronically served today on
`
`Ironburg’s counsel of record (Manatt, Phelps & Phillips, LLP) at the following
`
`electronic mail addresses:
`
`Robert Becker, Reg. No. 37,778
`RBecker@manatt.com
`Ehab M. Samuel, Reg. No. 57,905
`ESamuel-PTAB@manatt.com
`ESamuel@manatt.com
`Yasser El-Gamal, Reg. No. 45,339
`YEIGamal@manatt.com
`
`
`
`Dated: April 4, 2018
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Respectfully submitted,
`
`By:_________________
`Joshua C. Harrison (josh@bhiplaw.com)
`Reynaldo C. Barceló (rey@bhiplaw.com)
`Barceló, Harrison & Walker, LLP
`2901 West Coast Hwy, Suite 200
`Newport Beach, CA 92663
`Telephone: (949) 340-9736
`Counsel for Petitioner/Cross-Appellant
`
`
`- 4 -
`
`

`

`FORM 30. Ce•·tificate of Se rvice
`
`
`
`
`Fonn 30
`Rev. 03/16
`
`
`
`
`
`UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT
`
`CERTIFICATE OF SERVICE
`
`I certify that I served a copy on counsel of record on 04 Apr ii 20L8
`~============================
`by:
`
`0 U.S. Ma il
`
`OFax
`
`O H a nd
`
`~ Electron ic Means (by E-ma il or CMIECF)
`
`J oshua C. Ha rrison
`
`Name of Counsel
`
`lsi J oshua C. Ha rrison
`Signa ture of Counsel
`
`Law Firm
`
`Address
`
`Ba rcelo. Ha rrison & Walke r. LLP
`
`2901 West Coast Hwy. Suite 200
`
`City, State, Zip
`
`Newport Beach. CA 92663
`
`Telephone Number
`
`(949) 340-9736
`
`Fax Number
`
`E-Ma il Address
`
`(949) 258-5752
`
`josh@bhiplaw.com
`
`NOTE: For a ttorneys filing documents e lectronically, the na me of the filer under whose log-in a nd
`password a document is submitted mus t be preceded by a n "/s/" a nd typed in the space where the
`s igna ture wou ld otherwise a ppear. Gra phic a nd other electronic s ignatures are d iscouraged.
`
`I Reset Fields I
`
`- 5 -
`
`
`
`

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