`Paper No. 50
`Filed: May 7, 2018
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`TAIWAN SEMICONDUCTOR MANUFACTURING COMPANY LIMITED
`AND GLOBALFOUNDRIES U.S. INC.,
`Petitioner,
`v.
`
`GODO KAISHA IP BRIDGE 1,
`Patent Owner.
`
`Case: IPR2017-009201
`
`U.S. Patent No. 6,538,324
`
`
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`PETITIONER’S NOTICE OF CROSS APPEAL
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`
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`Mail Stop “PATENT BOARD”
`Patent Trial and Appeal Board U.S.
`Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
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`1 Joined with IPR2016-01264. See Paper 13 at 11.
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`Case No. IPR2017-00920
`U.S. Patent No. 6,538,324
`Pursuant to 35 U.S.C. §§ 141(c), 142, and 319 and 37 C.F.R. §§ 90.2(a) and
`
`90.3(a), Petitioners GlobalFoundries U.S. Inc. and GlobalFoundries, Inc. provide
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`notice that it appeals to the United States Court of Appeals for the Federal Circuit
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`from the Final Written Decision entered December 20, 2017, (IPR2016-01264 Paper
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`46) and from all underlying and related orders, decisions, rulings, and opinions
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`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:
`
`• the Board’s claim construction analysis and determinations, including the
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`Board’s construction of “solid solution” in Patent Owner’s proposed claim 13
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`in its Contingent Motion to Amend;
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`• the Board’s determination that Patent Owner’s proposed claim 13 complies
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`with 35 U.S.C. § 316(d)(3);
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`• the Board’s determination that Patent Owner’s proposed claim 13 does not
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`contain new matter and satisfies the written description requirement under pre-
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`AIA 35 U.S.C. § 112, ¶ 1;
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`• the Board’s determination that Patent Owner’s proposed claim 13 is patentable
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`under 35 U.S.C. § 103 over (i) U.S. Patent No. 6,887,353 (“Ding”) and U.S.
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`
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`1
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`
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`Case No. IPR2017-00920
`U.S. Patent No. 6,538,324
`Patent No. 5,893,752 (“Zhang”), and (ii) Ding, Zhang, and U.S. Patent No.
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`6,346,745 (“Nogami”); and
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`• all other issues decided adversely to Petitioner in any order, decision, ruling or
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`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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`
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`Date: May 7, 2018
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`Respectfully submitted,
`
`/David Tennant/
`
`
`
`David Tennant (Reg No. 48,362)
`White & Case LLP
`701 Thirteenth Street Northwest
`Washington, DC 20005-3807
`Telephone: (202) 626 -3600
`Facsimile: (202) 639-9355
`dtennant@whitecase.com
`
`
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`2
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`Case No. IPR2017-00920
`U.S. Patent No. 6,538,324
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`CERTIFICATE OF SERVICE
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`I hereby certify that on this 7th day of May, 2018, in addition to being
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`filed and served electronically through the Board’s E2E System, a true and
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`correct copy of the foregoing “PETITIONER’S NOTICE OF CROSS
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`APPEAL,” was served on the Director of the United States Patent and
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`Trademark Office, via hand delivery at the following address:
`
`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
`
`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,”
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`and the filing fee, were filed with the Clerk’s Office of the United States Court
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`of Appeals for 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,”
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`was served, by electronic mail upon the following counsel of record for the
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`Patent Owner:
`
`Michael J. Fink
`mfink@gbpatent.com
`Neil F. Greenblum
`ngreenblum@gbpatent.com
`Arnold Turk
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`3
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`Case No. IPR2017-00920
`U.S. Patent No. 6,538,324
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`aturk@gbpatent.com
`Greenblum & Bernstein, P.L.C.
`1950 Roland Clarke Place
`Reston, Virginia 20191
`Tel: 703-716-1191
`
`I also hereby certify that on this 7th day of May, 2018, a true and correct
`
`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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`Taiwan Semiconductor Manufacturing Company Limited:
`
`E. Robert Yoches
`bob.yoches@finnegan.com
`
`Joshua Goldberg
`joshua.goldberg@finnegan.com
`
`Stephen E. Kabakoff
`stephen.kabakoff@finnegan.com
`
` I
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` 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 appellate counsel for the Patent
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`Owner:
`
`Jacob A. Snodgrass (jacob.snodgrass@morganlewis.com)
`Morgan, Lewis & Brockius LLP
`1111 Pennsylvania Avenue, NW
`Washington, DC 20004-2541.
`
`
`
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`Dated: May 7, 2018
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`
`
`/David Tennant/
`David Tennant
`White & Case LLP
`
`4
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`Case No. IPR2017-00920
`U.S. Patent No. 6,538,324
`701 Thirteenth Street Northwest
`Washington, DC 20005-3807
`Telephone: (202) 626 -3600
`Facsimile: (202) 639-9355
`dtennant@whitecase.com
`Lead Counsel for Petitioner
`Global Foundries U.S. Inc.
`
`
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`5
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