`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`Talari Networks, Inc.
`
`Petitioner
`
`v.
`
`FatPipe Private Networks Limited
`
`Patent Owner
`
`CASE IPR2016-00976
`
`Patent No. 6,775,235 B2
`
`PETITIONER’S NOTICE OF APPEAL
`
`Mail Stop Patent Board
`Patent Trial and Appeal Board
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`WEST\286271511.1
`
`
`
`Pursuant to 37 C.F.R. § 90.2(a), notice is hereby given that Petitioner Talari
`
`Networks, Inc. (“Petitioner”) appeals to the United States Court of Appeals for the
`
`Federal Circuit from the November 1, 2017, Final Written Decision (Paper No. 32)
`
`in IPR2016-00976, and from all related or underlying orders, decisions, rulings and
`
`opinions.
`
`On December 1, 2017, Petitioner filed a timely Request For Rehearing under
`
`37 C.F.R. § 42.71(d) (Paper No. 34). On March 15, 2019, the Board entered a
`
`decision denying Petitioner’s Request For Rehearing (Paper No. 36).
`
`In accordance with 37 C.F.R. § 90.2(a)(3)(ii), Petitioner states that
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`anticipated issues on appeal include, but are not limited to:
`
`(1) Whether the Board erred when it determined that claim 19 of U.S. Patent
`
`No. 6,775,235 B2 was not shown by a preponderance of the evidence to be
`
`unpatentable under 35 U.S.C. § 102 by U.S. Patent No. 6,628,617 B1 (“Karol,” Ex.
`
`1006);
`
`(2) Whether the Board erred when it determined that claim 19 of U.S. Patent
`
`No. 6,775,235 B2 was not shown by a preponderance of the evidence to be
`
`unpatentable under 35 U.S.C. § 103 by Karol;
`
`(3) Whether the Board erred when it determined that claim 19 of U.S. Patent
`
`No. 6,775,235 B2 was not shown by a preponderance of the evidence to be
`
`unpatentable under 35 U.S.C. § 103 by the combination of Karol and William
`
`WEST\286271511.1
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`1
`
`
`
`Stallings, Data and Computer Communications, Prentice-Hall, 5th Ed., 1997,
`
`ISBN-81-203-1240-6 (“Stallings,” Ex. 1011); and
`
`(4) Whether the Board erred when it determined that a “session” is not a
`
`“message” within the meaning of claim 19 of U.S. Patent No. 6,775,235 B2.
`
`A copy of this Notice of Appeal is being filed with the Patent Trial and
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`Appeal Board. In addition, this Notice of Appeal and the required docketing fees
`
`are being filed with the Clerk’s Office for the United States Court of Appeals for
`
`the Federal Circuit.
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`Dated: May 17, 2019
`
`
`
`Respectfully Submitted,
`
` /James M. Heintz/
`James M. Heintz
`Reg. No. 41,828
`DLA Piper LLP (US)
`11911 Freedom Drive, Suite 300
`Reston, VA 20190
`(703) 773-4148
`
`Gianni Minutoli
`Reg. No. 41,198
`DLA Piper LLP (US)
`11911 Freedom Drive, Suite 300
`Reston, VA 20190
`gianni.minutoli@dlapiper.com
`Phone: 703-773-4045
`Fax: 703-773-5019
`
`Attorneys for Petitioner
`
`WEST\286271511.1
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`2
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`
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`CERTIFICATE OF SERVICE
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`The undersigned hereby certifies that a true copy of the foregoing instrument
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`was served on Patent Owner, FatPipe Private Networks Limited, by emailing a copy
`
`to counsel at the email addresses listed below:
`
`Robert Mattson
`cpdocketmattson@oblon.com
`
`Sameer Gokhale
`cpdocketgokhale@oblon.com
`
`WEST\286271511.1
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`3
`
`
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`CERTIFICATE OF SERVICE
`
`I certify that, in addition to being filed electronically through the Patent Trial
`and Appeal Board’s Patent Review Processing System, the original version of
`PETITIONER’S NOTICE OF APPEAL was filed by Priority Mail Express®
`pursuant to MPEP § 1216.01, 37 CFR § 1.10, and 37 CFR § 104.2 on this 17th day
`of May 2019, with the Director of 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, Virginia 22313-1450
`
`CERTIFICATE OF SERVICE
`I certify that PETITIONER’S NOTICE OF APPEAL was filed electronically
`on this 17th day of May 2019, with the Clerk’s Office of the United States Court of
`Appeals for the Federal Circuit, via the CM/ECF filing system:
`
`United States Court of Appeals for the Federal Circuit
`717 Madison Place, N.W., Suite 401
`Washington, D.C. 20005
`
`Dated: May 17, 2019
`
`
`
`/James M. Heintz/
`James M. Heintz
`Reg. No. 41,828
`jim.heintz@dlapiper.com.
`Counsel for Talari Networks, Inc.
`
`WEST\286271511.1
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`4
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