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`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`
`
`KOIOS PHARMACEUTICALS LLC,
`Petitioner,
`
`v.
`
`MEDAC GESELLSCHAFT FÜR KLINISCHE SPEZIALPRÄPARATE MBH,
`Patent Owner.
`____________________
`
`Case IPR2016-01370
`Patent 8,664,231 B2
`____________________
`
`
`PETITIONER KOIOS PHARMACEUTICALS LLC’S NOTICE OF
`APPEAL
`
`
`
`Office of the Solicitor
`U.S. Patent & Trademark Office Mail Stop 8
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`Submitted Electronically via the PTAB E2E System
`
`

`

`
`
`
`
`Pursuant to 35 U.S.C. §§ 141, 142, and 319, and in accordance with
`
`37 C.F.R. §§ 90.2-90.3, Petitioner Koios Pharmaceuticals LLC (“Koios”)
`
`appeals to the United States Court of Appeals for the Federal Circuit from
`
`the Final Written Decision of the Patent Trial and Appeal Board (“Board”)
`
`entered on February 7, 2018, in IPR2016-01370 (Paper No. 54) (“Final
`
`Written Decision”), and from all underlying findings, determinations,
`
`rulings, opinions, orders, and decisions regarding the inter partes review of
`
`U.S. Patent No. 8,664,231 B2 (the “’231 patent”).
`
`In accordance with 37 C.F.R. § 90.2(a)(3)(ii), Koios states that the
`
`issues on appeal may include, but are not limited to: the Board’s
`
`determination that claims 1–22 of the ‘231 patent have not been shown to be
`
`unpatentable; the Board’s consideration of the expert testimony, prior art,
`
`and other evidence in the record; and the Board’s factual findings,
`
`conclusions of law, or other determinations supporting or related to those
`
`issues, as well as all other issues decided adversely to Koios in any orders,
`
`decisions, rulings, and opinions.
`
`This Notice of Appeal is being e-filed with the Clerk’s Office for the
`
`United States Court of Appeals for the Federal Circuit, along with payment
`
`
`
`1
`
`

`

`of the required docketing fees. In addition, a copy of this Notice of Appeal is
`
`being filed simultaneously with the Patent Trial and Appeal Board.
`
`
`
`
`Respectfully submitted,
`
`/s/ William P. Rothwell
`
`William P. Rothwell, Reg. No. 72,522
`NOROOZI PC
`2245 Texas Drive, Suite 300
`Sugar Land, TX 77479
`
`Kayvan B. Noroozi, Admitted Pro Hac Vice
`NOROOZI PC
`1299 Ocean Ave., Suite 450
`Santa Monica, CA 90401
`
`
`Counsel for Petitioner
`
`
`Date: April 10, 2018
`
`
`
`
`
`
`2
`
`

`

`
`
`The undersigned hereby certifies that the foregoing PETITIONER’S
`
`NOTICE OF APPEAL was filed electronically through the Patent Trial
`
`and Appeal Board’s End to End System (PTAB E2E) on April 10, 2018. A
`
`copy of this Notice of Appeal was also sent on April 10, 2018 by Priority
`
`mail to the United States Patent and Trademark Office at the following
`
`address:
`
`Office of the Solicitor
`U.S. Patent & Trademark Office Mail Stop 8
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`
`Respectfully submitted,
`
`/s/ William P. Rothwell
`
`William P. Rothwell, Reg. No. 72,522
`NOROOZI PC
`2245 Texas Drive, Suite 300
`Sugar Land, TX 77479
`
`Counsel for Petitioner
`
`
`
`
`
`
`
`3
`
`
`Date: April 10, 2018
`
`
`
`
`
`

`

`
`
`CERTIFICATION OF FILING
`
`The undersigned hereby certifies that the foregoing PETITIONER’S
`
`NOTICE OF APPEAL was filed electronically through the United States
`
`Court of Appeals for the Federal Circuit’s CM/ECF system on April 10,
`
`2018.
`
`Respectfully submitted,
`
`/s/ William P. Rothwell
`
`William P. Rothwell, Reg. No. 72,522
`NOROOZI PC
`2245 Texas Drive, Suite 300
`Sugar Land, TX 77479
`
`Counsel for Petitioner
`
`
`
`
`
`
`
`
`
`
`
`4
`
`
`Date: April 10, 2018
`
`
`
`

`

`
`
`CERTIFICATION OF SERVICE
`
`The undersigned hereby certifies that the foregoing PETITIONER’S
`
`NOTICE OF APPEAL was served electronically via e-mail on April 10,
`
`2018, to the following counsel of record for Patent Owner:
`
`James F. Haley (Lead Counsel)
`Brian Gummow (Back-up Counsel)
`Service E-mail address
`
`
`
`
`
`james.haley@hglaw.com
`brian.gummow@hglaw.com
`IPR2016-1370_Medac@ropesgray.com
`
`Respectfully submitted,
`
`/s/ William P. Rothwell
`
`William P. Rothwell, Reg. No. 72,522
`NOROOZI PC
`2245 Texas Drive, Suite 300
`Sugar Land, TX 77479
`
`Counsel for Patent Owner
`
`Date: April 10, 2018
`
`
`
`
`
`5
`
`

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