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UNITED STATES PATENT AND TRADEMARK OFFICE
`
` ________________
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
` ________________
`
`
`INTEL CORPORATION, GLOBALFOUNDRIES U.S., INC.,
`
`AND MICRON TECHNOLOGY, INC.,
`
`
`
`
`
`
`
`
`
`
`Petitioner
`v.
`
`DANIEL L. FLAMM,
`Patent Owner.
`
`________________
`
`Case IPR2017-04061
`Patent 5,711,849
`
` ________________
`
`
`
`Before CHRISTOPHER L. CRUMBLEY, JO-ANNE M. KOKOSKI and KIMBERLY
`McGRAW, Administrative Patent Judges.
`
`
`
`
`PATENT OWNER’S NOTICE OF APPEAL
`
`
`
`
`
`
`
`
`
`
`1 Samsung Electronics Company, Ltd. was joined as a party to this proceeding via
`Motion for Joinder in IPR2017-01748.
`
`

`

`Appeal No. 2017-00406
`
`Pursuant to 35 U.S.C. §§ 141(b) and 142 and in accordance with 37 C.F.R. §
`
`90.2(a), Patent Owner Daniel L. Flamm, Patent Owner, appeals to the United States
`
`Court of Appeals for the Federal Circuit from the Final Written Decision the Patent Trial
`
`and Appeal Board (Board) entered on July 6, 2018.
`
`Patent Owner indicates that the issues on appeal include, but are not limited to:
`
` Determination of unpatentability under 35 U.S.C. §103 of claims 1-29;
`
` And any and all findings or derminations supporting or related to these issues, and
`
`all other issues decided adversly to Patent Owner in any order, decision, ruling,
`
`and opinion during this inter partes reexamination.
`
`Simultaneous with this filing and in accordance with 37 C.F.R. § 90.2(a)(1), this
`
`Notice of Appeal is (1) filed with the Director of the United States Patent and Trademark
`
`Office; (2) filed with the Board; and (3) served upon the Petitioner in accordance with 37
`
`C.F.R. § 1.248.
`
`Date: September 7, 2018
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`RESPECTFULLY SUBMITTED,
`
`By: /Justin J. Lesko, reg. no. 69,643
` Justin J. Lesko, reg. no. 69,643
` The Law Offices of Steven G. Lisa, Ltd
`7689 East Paradise Lane, Suite 2
`Scottsdale, AZ 85260
`Telephone: (480) 998-3547
`Email: justinlesko@patentit.com
`Counsel for Appellant-Patent Owner
`
`
`
`
`2
`
` /
`
` / /
`/ / /
`/ / /
`
`
`
`
`
`

`

`Appeal No. 2017-00406
`
`Rolf O, Stadheim
`Stadheim & Grear, Ltd.
`7689 E. Paradise Lane, Suite 2
`Scottsdale, AZ 85260
`Telephone: (480) 998-3547
` Counsel for Appellant-Patent Owner
`
`
`
`
`
`
`
`
`
`
`
`
`
`3
`
`
`
`
`
`
`
`

`

`Appeal No. 2017-00406
`
`CERTIFICATE OF FILING
`
`
`
`I hereby certify that, in addition to being filed electronically through the Patent
`
`Trial and Appeal Board’s E2E system, the original version of the foregoing Patent
`
`Owner’s Notice of Appeal was filed via Express Mail on this 7th day of September,
`
`2018, with the Director of the United States Patent and Trademark Office, at the
`
`following address:
`
`Director of the United States Patent and Trademark Office
`c/o Office of the General Counsel
`United States Patent and Trademark Office
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`CERTIFICATE OF FILING
`
`I hereby certify that a true and correct copy of the foregoing Patent Owner’s
`
`
`
`
`
`Notice of Appeal was filed with the Clerk’s Office of the U.S. Court of Appeals for the
`
`Federal Circuit, via the CM/ECF system, on this 7th day of September, 2018.
`
`CERTIFICATE OF SERVICE
`
`
`
`Pursuant to 37 C.F.R. § 1.248, I hereby certify that the foregoing Patent Owner’s
`
`Notice of Appeal was served via Express Mail on this 7th day of September, 2018 to:
`
`
`
`
`
`Naveen Modi
`naveenmodi@paulhastings.com
`Joseph E. Palys
`josephpalys@paulhastings.com
`Chetan R. Bansal
`chetanbansal@paulhastings.com
`PAUL HASTINGS
`875 15TH Street, N.W.
`Washington, DC 20005
`(202) 551-1990
`
`4
`
`

`

`Appeal No. 2017-00406
`
`
`
`
`
`Jonathan McFarland
`JMcfarland@perkinscoie.com
`Chad S. Campbell
`CSCampbell@perkinscoie.com
`Philip A. Morin
`PMorin@perkinscoie.com
`PERKINS COIE LLP
`1201 Third Ave., Suite 4900
`Seattle, WA 98101
`(206) 359-8000
`
`David M. Tennant
`dtennant@whitecase.com
`WHITE & CASE LLP
`3000 El Camino Real
`5 Palo Alto Square, 9th Floor
`Palo Alto, CA 94306
`(650) 213-0300
`
`Jared Bobrow
`PTABDocketJ3B3@orrick.com
`Jeremy Jason Lang
`PTABDocketJJL2@orrick.com
`Orrick, Herrington & Sutcliffe, LLP
`1000 Marsh Road
`Menlo Park, CA 94025-1015
`(650) 614-7400
`
`
`
`5
`
`

`

`Appeal No. 2017-00406
`
`CERTIFICATE OF SERVICE
`
`
`
`Pursuant to Federal Circuit Rule 15, I hereby certify that the foregoing Patent
`
`Owner’s Notice of Appeal was served via Express Mail on this 7th day of September,
`
`2018 to:
`
`
`
`
`
`Office of the Solicitor
`USPTO Mail Stop 8
`United States Patent and Trademark Office
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`Date: September 7, 2018
`
`
`
`
`
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`
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`
`
`
`
`RESPECTFULLY SUBMITTED,
`
`
`
`By /Justin J. Lesko/
`Justin J. Lesko, reg. no.
`The Law Offices of Steven G. Lisa, Ltd
`7689 East Paradise Lane, Suite 2
`Scottsdale, AZ 85260
`Telephone: (480) 998-3547
`Email: justinlesko@patentit.com
`
`Rolf O. Stadheim
`Stadhiem & Grear, Ltd.
`7689 E. Paradise Lane, Suite 2
`Scottsdale, AZ 85260
`Tel. & Fax: (312) 752-4357
`
`Counsel for Appellant-Patent Owner
`
`6
`
`

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