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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`__________________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`___________________
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`CISCO SYSTEMS, INC.,
`Petitioner,
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`v.
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`FINJAN, INC.,
`Patent Owner.
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`____________________
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`Case IPR2018-00391
`Patent 7,647,633
`__________________________________________________________
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`PATENT OWNER’S NOTICE OF APPEAL
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`Patent Owner’s Notice of Appeal
`IPR2018-00391 (U.S. Patent No. 7,647,633)
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`Pursuant to 35 U.S.C. §§ 141 and 142 and 37 C.F.R. §§ 90.2 and 90.3,
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`Patent Owner, Finjan, Inc., hereby provides notice that it appeals to the United
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`States Court of Appeals for the Federal Circuit from the Final Written Decision of
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`the Patent Trial and Appeal Board (“the Board”) entered May 23, 2019, (Paper 33)
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`and from all underlying orders, decisions, rulings, and opinions regarding U.S.
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`Patent 7,647,633 (“the ’633 patent”) at issue in inter partes review IPR2018-
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`00391.
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`The issues on appeal, pursuant to 37 C.F.R. § 90.2(a)(3)(ii) include, but are
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`not limited to, the Board’s reliance on arguments that exceeded the proper scope of
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`Petitioner’s Reply; the Board’s construction of the terms “determining whether,”
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`“information re-communicator,” “information monitor,” and “downloadable-
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`information”; the Board’s determination that Petitioner showed by a preponderance
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`of the evidence that claims 1–4, 8, 11, and 13 of the ’633 Patent are unpatentable
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`under 35 U.S.C. § 103 over Hanson, PCT Published Application WO 98/31124
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`(“Hanson”) in view of Hyppӧnen U.S. Patent No. 6,577,920 (“Hyppӧnen”) and
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`claim 12 of the ‘633 Patent is unpatentable under 35 U.S.C. § 103 over Hanson,
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`Hyppӧnen, and PCT Published Application WO 98/21683 (“Touboul”); the
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`Board’s interpretation of Hanson, Hyppӧnen and Touboul; any finding or
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`determination supporting or related to those issues; as well as other issues decided
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`adversely to Finjan in any orders, decisions, rulings, and opinions.
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`Patent Owner’s Notice of Appeal
`IPR2018-00391 (U.S. Patent No. 7,647,633)
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`Copies of Patent Owner’s Notice of Appeal are being filed simultaneously
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`with the Director of the United States Patent and Trademark Office, the Patent
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`Trial and Appeal Board, and the United States Court of Appeals for the Federal
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`Circuit.
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`Dated: June 27, 2019
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`Respectfully submitted,
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`
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`
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`/James Hannah/
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`James Hannah (Reg. No. 56,369)
`jhannah@kramerlevin.com
`Kramer Levin Naftalis & Frankel LLP
`990 Marsh Road
`Menlo Park, CA 94025
`Tel: 650.752.1700 Fax: 650.752.1800
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`
`
`Jeffrey Price (Reg. No. 69,141)
`jprice@kramerlevin.com
`Kramer Levin Naftalis & Frankel LLP
`1177 Avenue of the Americas
`New York, NY 10036
`Tel: 212.715.7502 Fax: 212.715.8302
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`(Case No. IPR2018-00391) Attorneys for Patent Owner
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`Patent Owner’s Notice of Appeal
`IPR2018-00391 (U.S. Patent No. 7,647,633)
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`CERTIFICATE OF SERVICE
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`The undersigned certifies, in accordance with 37 C.F.R. § 42.6(e), that
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`service was made on the Petitioner as detailed below.
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`Date of service June 27, 2019
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`Manner of service Electronic Mail (PDMcPherson@duanemorris.com;
`PCMuldoon@duanemorris.com;
`japowers@duanemorris.com)
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`Documents served PATENT OWNER’S NOTICE OF APPEAL
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`Persons Served Patrick D. McPherson
`Patrick Muldoon
`Joseph A. Powers
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`In addition, the foregoing Patent Owner’s Notice of Appeal was filed by
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`Express Mail on June 27, 2019, with the United States Patent and Trademark
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`Office at the following address:
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`Office of the General Counsel
`United States Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`The undersigned hereby certifies that the foregoing Patent Owner’s Notice
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`of Appeal was electronically filed with the United States Court of Appeals for the
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`Federal Circuit through CM/ECF and pay.gov on June 27, 2019.
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`Patent Owner’s Notice of Appeal
`IPR2018-00391 (U.S. Patent No. 7,647,633)
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`Pursuant to Federal Circuit Rule 15, one paper copy of the foregoing was
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`simultaneously sent to the Clerk of the United States Court of Appeals for the
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`Federal Circuit.
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` /James Hannah/
`James Hannah (Reg. No. 56,369)
`Kramer Levin Naftalis & Frankel LLP
`990 Marsh Road,
`Menlo Park, CA 94025
`(650) 752-1700
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