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`Paper No. 50
`Filed: May 7, 2018
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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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`
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`TAIWAN SEMICONDUCTOR MANUFACTURING COMPANY LIMITED and
`GLOBAL FOUNDRIES U.S. INC.,
`Petitioners,
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`v.
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`GODO KAISHA IP BRIDGE 1,
`Patent Owner.
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`
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`Case No. IPR2016-01264
`U.S. Patent No. 6,538,324
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`PETITIONER’S NOTICE OF CROSS APPEAL
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`Pursuant to 35 U.S.C. §§ 141(c), 142, and 319 and 37 C.F.R. §§ 90.2(a) and
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`Case No. IPR2016-01264
`U.S. Patent No. 6,538,324
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`
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`90.3(a), Petitioner Taiwan Semiconductor Manufacturing Company Limited
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`(TSMC) provides notice that it appeals to the United States Court of Appeals for
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`the Federal Circuit from the Final Written Decision entered December 20, 2017,
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`(Paper 46) and from all underlying and related orders, decisions, rulings, and
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`opinions regarding U.S. Patent 6,538,324 in Inter Partes Review IPR2016-01264.
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`In accordance with 37 C.F.R. § 90.2(a)(3)(ii), the expected issues on appeal
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`include:
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` the Board’s claim construction analysis and determinations, including
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`the Board’s construction of “solid solution” in Patent Owner’s
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`proposed claim 13 in its Contingent Motion to Amend;
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` the Board’s determination that Patent Owner’s proposed claim 13
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`complies with 35 U.S.C. § 316(d)(3);
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` the Board’s determination that Patent Owner’s proposed claim 13
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`does not contain new matter and satisfies the written description
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`requirement under pre-AIA 35 U.S.C. § 112, ¶ 1;
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` the Board’s determination that Patent Owner’s proposed claim 13 is
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`patentable under 35 U.S.C. § 103 over (i) U.S. Patent No. 6,887,353
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`(“Ding”) and U.S. Patent No. 5,893,752 (“Zhang”), and (ii) Ding,
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`Zhang, and U.S. Patent No. 6,346,745 (“Nogami”); and
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`Case No. IPR2016-01264
`U.S. Patent No. 6,538,324
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` all other issues decided adversely to Petitioner in any order, decision,
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`ruling or opinion underlying or supporting the Final Written Decision.
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`Pursuant to 35 U.S.C. § 142 and 37 C.F.R. § 90.2(a), a copy of this Notice is
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`being filed with the Director of the United States Patent and Trademark Office and
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`with the Patent Trial and Appeal Board. In addition, a copy of this Notice and the
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`required docketing fees are being filed with the Clerk’s Office for the United States
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`Court of Appeals for the Federal Circuit via CM/ECF.
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`Dated: May 7, 2018
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`
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`Respectfully submitted,
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`By: /Stephen E. Kabakoff/
`E. Robert Yoches, Lead Counsel
`Registration No. 30,120
`Joshua Goldberg, Back-up Counsel
`Registration No. 59,369
`Finnegan, Henderson, Farabow,
` Garrett & Dunner, L.L.P.
`901 New York Avenue, NW
`Washington, DC 20001-413
`
`Stephen E. Kabakoff, Back-up Counsel
`Registration No. 51,276
`Finnegan, Henderson, Farabow,
` Garrett & Dunner, L.L.P.
`271 17th Street, NW, Suite 1400
`Atlanta, GA 30363-6209
`Counsel for Petitioner TSMC
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`Case No. IPR2016-01264
`U.S. Patent No. 6,538,324
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`CERTIFICATE OF SERVICE AND FILING
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`I hereby certify that on this 7th day of May, 2018, in addition to being filed
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`and served electronically through the Board’s E2E System, a true and correct copy
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`of the foregoing “PETITIONER’S NOTICE OF CROSS APPEAL,” was served
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`on the Director of the United States Patent and Trademark Office, via hand
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`delivery at the following address:
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`
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`
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`
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`Director of the United States Patent and Trademark Office
`c/o Office of the General Counsel, 10B20
`Madison Building East
`600 Dulany Street
`Alexandria, Virginia 22313-1450
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`I also hereby certify that on this 7th day of May, 2018, a true and correct copy
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`
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`of the foregoing “PETITIONER’S NOTICE OF CROSS APPEAL,” and the
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`filing fee, were filed with the Clerk’s Office of the United States Court of Appeals for
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`the Federal Circuit, via CM/ECF.
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`I also hereby certify that on this 7th day of May, 2018, a true and correct
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`copy of the foregoing “PETITIONER’S NOTICE OF CROSS APPEAL,” was
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`served, by electronic mail upon the following counsel of record for the Patent
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`Owner:
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`Case No. IPR2016-01264
`U.S. Patent No. 6,538,324
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`Michael J. Fink
`mfink@gbpatent.com
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`Neil F. Greenblum
`ngreenblum@gbpatent.com
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`Arnold Turk
`aturk@gbpatent.com
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`Greenblum & Bernstein, P.L.C.
`1950 Roland Clarke Place
`Reston, Virginia 20191
`Tel: 703-716-1191
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`I also hereby certify that on this 7th day of May, 2018, a true and correct
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`copy of the foregoing “PETITIONER’S NOTICE OF CROSS APPEAL,” was
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`served, by electronic mail upon the following counsel of record for Petitioner
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`Global Foundries U.S. Inc.:
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`David Tennant
`dtennant@whitecase.com
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`Shamita Etienne-Cummings
`setienne@whitecase.com
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`Allen Wang
`allen.wang@whitecase.com
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`wcptab@whitecase.com
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`WCGlobalFoundriesIPR1Team@whitecase.com
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`I also hereby certify that on this 7th day of May, 2018, a true and correct
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`Case No. IPR2016-01264
`U.S. Patent No. 6,538,324
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`
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`copy of the foregoing “PETITIONER’S NOTICE OF CROSS APPEAL,” was
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`served, by electronic mail upon the following appellate counsel for the Patent
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`Owner:
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`Jacob A. Snodgrass (jacob.snodgrass@morganlewis.com)
`Morgan, Lewis & Brockius LLP
`1111 Pennsylvania Avenue, NW
`Washington, DC 20004-2541.
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`
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`Dated: May 7, 2018
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`
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`By: /Lauren K. Young/
`Lauren K. Young
`Litigation Legal Assistant
`FINNEGAN, HENDERSON, FARABOW,
`GARRETT & DUNNER, L.L.P.
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