`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`________________
`
`UNIFIED PATENTS, INC.,
`Petitioner,
`
`v.
`
`UNIVERSAL SECURE REGISTRY LLC
`Patent Owner
`________________
`
`Case IPR2018-00067
`U.S. Patent No. 8,577,813 B2
`________________
`
`
`PATENT OWNER UNIVERSAL SECURE REGISTRY’S NOTICE OF
`APPEAL TO THE UNITED STATES COURT OF APPEAL FOR THE
`FEDERAL CIRCUIT
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`
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`
`
`
`
`Case No. IPR2018-00067
`U.S. Patent No. 8,577,813 B2
`
`
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`Pursuant to 37 C.F.R. §§ 90.2 and 90.3, and 35 U.S.C. §§ 141 and 142,
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`Universal Secure Registry LLC (“Patent Owner”) respectfully gives Notice that it
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`hereby appeals to the United States Court of Appeals for the Federal Circuit the
`
`May 1, 2019 Final Written Decision of the Patent Trial and Appeal Board
`
`(“Board”) in IPR2018-00067 (Paper 54) that claims 1–3, 5–9, 11, 13–18, 20, and
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`22–26 of U.S. Patent No. 8,577,813 B2 (“the ’813 patent”) are unpatentable, denial
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`of Patent Owner’s Contingent Motion to Amend, and all other prior interlocutory
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`and underlying orders, decisions, rulings, findings and opinions that are adverse to
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`Patent Owner related thereto or subsumed therein. Patent Owner electronically
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`received the Final Written Decision on the day the decision was entered.
`
`For the limited purpose of providing the Director with the information
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`specified in 37 C.F.R. § 90.2(a)(3)(ii), issues on Patent Owner’s appeal may
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`include the Board’s determination that claims 1–3, 5–9, 11, 13–18, 20, and 22–26
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`of the ’813 patent have been shown to be unpatentable under 35 U.S.C. § 103 in
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`view of the grounds of unpatentability identified in the Board’s Final Written
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`Decision, the Board’s denial of Patent Owner’s Contingent Motion to Amend, the
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`Board’s failure to dismiss the Petition for failure to name a real party in interest,
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`challenges to any findings supporting these determinations, the Board’s failure to
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`properly consider evidence of record, the Board’s legal errors in undertaking the
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`1
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`Case No. IPR2018-00067
`U.S. Patent No. 8,577,813 B2
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`above analyses, the Board’s findings that conflict with the evidence of record and
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`are not supported by substantial evidence, the Board’s findings with respect to
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`objective indicia of nonobviousness, and all other prior interlocutory and
`
`underlying orders, decisions, rulings, findings and opinions decided adversely to
`
`Patent Owner.
`
`Simultaneous with this filing and in accordance with 37 C.F.R. § 90.2(a),
`
`this Notice of Appeal is filed with the Director of the United States Patent and
`
`Trademark Office, filed with the Board, and served upon Petitioner in accordance
`
`with 37 C.F.R. § 42.6(e).
`
`In addition, this Notice of Appeal, along with the required fees, is being filed
`
`with the Clerk’s Office for the United States Court of Appeals for the Federal
`
`Circuit in accordance with Fed. Cir. R. 15(a)(1).
`
`In addition to this Notice of Appeal, a copy of the Final Written Decision
`
`(Paper No. 54) is being submitted to the Federal Circuit Court of Appeals
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`CM/ECF System and to the Director of the United States Patent and Trademark
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`Office along with a letter indicating the decision is CONFIDENTIAL – FOR
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`BOARD AND PARTIES ONLY. That same Final Written Decision is not being
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`refiled with the Board, which already has a copy.
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`
`Date: July 3, 2019
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`
`
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` Respectfully submitted,
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`2
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`Case No. IPR2018-00067
`U.S. Patent No. 8,577,813 B2
`
`
`By: /s/ James M. Glass, Reg. No. 46,729
` James M. Glass (Reg. No. 46,729)
`QUINN EMANUEL URQUHART &
`SULLIVAN, LLP
`51 Madison Avenue, 22nd Floor
`New York, NY 10010
`Tel: (212) 849-7000
`Fax: (212) 849-7100
`Email: jimglass@quinnemanuel.com
`
`Lead Attorney for Patent Owner –
`Universal Secure Registry LLC
`
`
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`3
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`Case No. IPR2018-00067
`U.S. Patent No. 8,577,813 B2
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`CERTIFICATE OF FILING
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`I hereby certify that a copy of the foregoing “Patent Owner Secure
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`Registry’s Notice of Appeal to the United States Court of Appeals for the Federal
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`Circuit” was filed electronically via PTAB e2e.
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`CERTIFICATE OF FILING
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` I hereby certify that a true and correct copy of the foregoing “Patent Owner
`
`Universal Secure Registry’s Notice of Appeal to the United States Court of
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`Appeals for the Federal Circuit” as well as a copy of the Final Written Decision
`
`(IPR2018-00067 Paper No. 54) and letter regarding its confidential status was filed
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`by Express Mail on this 3rd day of July, 2019, with the Director of the United
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`States Patent and Trademark Office, at the following address: Director of the
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`United States Patent and Trademark Office c/o Office of the General Counsel,
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`United States Patent and Trademark Office P.O. Box 1450 Alexandria, Virginia
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`22313-1450.
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`CERTIFICATE OF FILING
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`I hereby certify that true and correct copy of the foregoing “Patent Owner
`
`Secure Registry’s Notice of Appeal to the United States Court of Appeals for the
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`Federal Circuit” as well as a copy of the Final Written Decision (IPR2018-00067
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`Paper No. 54) and letter regarding its confidential status was filed electronically by
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`CM/ECF on this 3rd day of July, 2019, with the Clerk’s Office of the United States
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`Case No. IPR2018-00067
`U.S. Patent No. 8,577,813 B2
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`Court of Appeals for the Federal Circuit, at the following address: United States
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`Court of Appeals for the Federal Circuit 717 Madison Place, N.W., Suite 401
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`Washington, D.C. 20439, along with the required docketing fees.
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`Case No. IPR2018-00067
`U.S. Patent No. 8,577,813 B2
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`CERTIFICATE OF SERVICE
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`Pursuant to 37 C.F.R. § 42.6(e), the undersigned hereby certifies that “Patent
`
`Owner Secure Registry’s Notice of Appeal to the United States Court of Appeals
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`for the Federal Circuit” as well as a copy of the Final Written Decision (IPR2018-
`
`00067 Paper No. 54) and letter regarding its confidential status was served on July
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`
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`3, 2019 by e-mailing copies to:
`
`Jason R. Mudd, Reg. No. 57,700
`jason.mudd@eriseip.com
`
`Eric A. Buresh, Reg. No. 50,394
`eric.buresh@eriseip.com
`ptab@eriseip.com
`
`ERISE IP, P.A.
`6201 College Blvd., Suite 300
`Overland Park, Kansas 66211
`Telephone: (913) 777-5600
`
`
`Roshan Mansinghani, Reg. No. 62,429
`roshan@unifiedpatents.com
`Unified Patents Inc.
`13355 Noel Road, Suite 1100
`Dallas, TX, 75240
`Telephone: (214) 945-0200
`
`Jonathan Stroud, Reg. No. 72,518
`jonathan@unifiedpatents.com
`Unified Patents Inc.
`1875 Connecticut Ave. NW, Floor 10
`Washington, D.C. 20009
`Telephone: (202) 805-8931
`
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`1
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`Date: July 3, 2019
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`Case No. IPR2018-00067
`U.S. Patent No. 8,577,813 B2
`
` Respectfully submitted,
`
`By: /s/ Razmig H. Messerian
` Razmig H. Messerian (Reg. No. 56,983)
`QUINN EMANUEL URQUHART &
`SULLIVAN, LLP
`865 S. Figueroa St., 10th Floor
`razmesserian@quinnemanuel.com
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