`U.S. Patent No. 9,015,883
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`FREDMAN BROS. FURNITURE COMPANY, INC.
`Petitioner
`
`v.
`
`BEDGEAR, LLC
`Patent Owner
`
`Case: IPR2017-00351
`U.S. Patent No. 9,015,883
`
`PATENT OWNER’S NOTICE OF APPEAL
`
`
`
`Case IPR2017-00351
`U.S. Patent No. 9,015,883
`
`Patent Owner Bedgear, LLC (“Bedgear”) hereby gives notice, pursuant to 35
`
`U.S.C. § 142 and 37 C.F.R. § 90.2(a), of its appeal to the United States Court of
`
`Appeals for the Federal Circuit from the Final Written Decision of the Patent Trial
`
`and Appeal Board (“the Board”), entered on June 12, 2018 (Paper 41), and from all
`
`orders, decisions, rulings, and opinions underlying the Final Written Decision.
`
`In accordance with 37 C.F.R. § 90.2(a)(3)(ii), Bedgear anticipates that the
`
`issues on appeal may include the following:
`
`1. Whether the Board erred in determining that claims 1-4, 7-10,
`
`13-15, 17, 18, and 20 of U.S. Patent No. 9,015,883 are unpatentable under
`
`35 U.S.C. § 102.
`
`2. Whether the Board erred in determining that claims 5, 6, 12,
`
`and 19 of U.S. Patent No. 9,015,883 are unpatentable under 35 U.S.C. § 103.
`
`3. Whether the claim constructions adopted by the Board were
`
`correct.
`
`4. Whether the Board adequately articulated its reasoning in
`
`determining any of the above.
`
`Bedgear reserves the right to challenge any finding or determination
`
`supporting or related to the issues listed above and to challenge any other issues
`
`
`
`Case IPR2017-00351
`U.S. Patent No. 9,015,883
`
`decided adversely to Bedgear in any orders, decisions, rulings, or opinions
`
`underlying the Final Written Decision.
`
`Copies of Bedgear’s Notice of Appeal are being filed simultaneously with
`
`the Director of the United States Patent and Trademark Office, the Patent Trial and
`
`Appeal Board, and the Clerk of the United States Court of Appeals for the Federal
`
`Circuit.
`
`Date: June 14, 2018
`
`Respectfully submitted,
`
`By: /Joseph J. Richetti, Reg. No. 47024/
`Joseph J. Richetti (Reg. No. 47,024)
`BRYAN CAVE LEIGHTON
`PAISNER LLP
`1290 Avenue of the Americas
`New York, NY 10104
`Phone: (212) 541-1092
`joe.richetti@bclplaw.com
`
`Attorney for Patent Owner–
`Bedgear, LLC
`
`2
`
`
`
`Case IPR2017-00351
`U.S. Patent No. 9,015,883
`
`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies
`
`that,
`
`in addition
`
`to being filed
`
`electronically through the Patent Trial and Appeal Board's Patent Review
`
`Processing System (PRPS), the original version of the foregoing PATENT
`
`OWNER’S NOTICE OF APPEAL was filed by Express Mail (Express Mail Label
`
`No. EK 633601106 US) on June 14, 2018, with the United States Patent and
`
`Trademark Office, at the following address:
`
`Office of the Solicitor
`United States Patent and Trademark Office Mail Stop 8
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies that the foregoing PATENT OWNER’S
`
`NOTICE OF APPEAL was electronically filed with the United States Court of
`
`Appeals for the Federal Circuit through CM/ECF and pay.gov on June 14, 2018.
`
`
`
`Case IPR2017-00351
`U.S. Patent No. 9,015,883
`
`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies that the foregoing PATENT OWNER’S
`
`NOTICE OF APPEAL was served electronically via e-mail on June 14, 2018, in its
`
`entirety on the following:
`
`Jason R. Mudd
`Jason.mudd@eriseip.com
`Eric A. Buresh
`Eric.buresh@eriseip.com
`ptab@eriseip.com
`
`ERISE IP, P.A.
`7015 College Blvd., Suite 700
`Overland Park, Kansas 66211
`
`Date: June 14, 2018
`
`Respectfully submitted,
`
`By: /Joseph J. Richetti, Reg. No. 47024/
` Joseph J. Richetti
`Lead Attorney for Patent Owner
`Reg. No. 47,024
`BRYAN CAVE LEIGHTON
`PAISNER LLP
`1290 Avenue of the Americas
`New York, NY 10104
`General Tel: (212) 541-2000
`Direct Tel: (212) 541-1092
`Fax: (212) 541-4630
`Email: joe.richetti@bclplaw.com
`
`Attorney for Patent Owner –
`Bedgear, LLC
`
`
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