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`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`____________
`
`NICHIA CORPORATION,
`
`Petitioner,
`
`v.
`
`DOCUMENT SECURITY SYSTEMS, INC.,
`Patent Owner.
`
`_______________
`
`Case IPR2018-01165
`Patent 7,524,087 B1
`____________
`
`
`PATENT OWNER’S NOTICE OF CROSS-APPEAL
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`
`
`Pursuant to 37 C.F.R. § 90.3(a)(1), Fed. R. App. P. 4(a)(3), and 35 U.S.C. §§
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`141(c) and 319, Document Security Systems, Inc. (“Patent Owner”) respectfully
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`gives notice that it cross-appeals to the United States Court of Appeals for the
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`Federal Circuit from the Patent Trial and Appeal Board’s Final Written Decision
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`entered on December 10, 2019 (Paper 28), and from all other underlying orders,
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`decisions, rulings, and opinions. Nichia Corporation (“Petitioner”) filed a Notice of
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`Appeal on September 11, 2020. This cross-appeal is timely filed under 37 C.F.R. §
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`90.3(a)(1) and Fed. R. App. P. 4(a)(3).
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`For the limited purpose of providing the Director of the United States Patent
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`and Trademark Office with the information specified in 37 C.F.R. § 90.2(a)(3)(ii),
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`the issues on appeal include the Board’s determination that claims 1 and 6-8 of
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`U.S. Patent No 7,524,087 B1 were shown to be unpatentable under 35 U.S.C. §
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`103 in view of the grounds of unpatentability on which trial was instituted (Paper
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`11). The issues on appeal also include any finding or determination supporting or
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`related to these issues, as well as all other issues decided adversely to Patent
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`Owner in any order, decision, ruling, or opinion.
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`Pursuant to 35 U.S.C. § 142 and 37 C.F.R. § 90.2(a), this Notice is being
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`filed with the Director of the United States Patent and Trademark Office.
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`Simultaneous with this submission, a copy of this Notice is being filed with the
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`Patent Trial and Appeal Board.
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`1
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`
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`In addition, consistent with Federal Circuit Rules 15(a) and 25(b)(1) a copy
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`of this Patent Owner’s Notice of Cross-Appeal is being filed with the Clerk’s
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`office of the United States Court of Appeals for the Federal Circuit.
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`
`
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`Dated: September 17, 2020
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`
`
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`
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`/s/ Wayne M. Helge
`Wayne M. Helge (Reg. No. 56,905)
`James T. Wilson (Reg. No. 41,439)
`Aldo Noto (Reg. No. 35,628)
`DAVIDSON BERQUIST JACKSON &
`GOWDEY, LLP
`8300 Greensboro Dr., Suite 500
`McLean, VA 22102
`Telephone: (571) 765-7700
`Fax: (571) 765-7200
`Email: whelge@dbjg.com
`Email: jwilson@dbjg.com
`Email: anoto@dbjg.com
`
`Counsel for Patent Owner
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`2
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`
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`CERTIFICATE OF SERVICE
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`The undersigned hereby certifies that the foregoing Patent Owner’s Notice
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`of Cross-Appeal was served on September 17, 2020, via electronic mail on counsel
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`of record for Petitioner as follows:
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`
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`Patrick R. Colsher (Reg. No. 74,955)
`patrick.colsher@shearman.com
`Eric S. Lucas (Reg. No. 76,434)
`eric.lucas@shearman.com
`Thomas R. Makin
`thomas.makin@shearman.com
`Shearman & Sterling LLP
`599 Lexington Avenue
`New York, New York 10022
`
`Matthew G. Berkowitz (Reg. No. 57,215)
`matthew.berkowitz@shearman.com
`Shearman & Sterling LLP
`1460 El Camino Real
`Menlo Park, California 94025
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`Email: nichia-dss@shearman.com
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`
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`In accordance with 37 C.F.R. §§ 90.2(a)(1) and 104.2(a), the undersigned
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`hereby certifies that, in addition to being filed electronically through the Board’s
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`E2E System, the foregoing Patent Owner’s Notice of Cross-Appeal was filed and
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`served by U.S. Mail on September 17, 2020, with the Director of the United States
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`Patent and Trademark Office, at the following address:
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`Director of the United States Patent and Trademark Office
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`
`
`
`
`
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`c/o Office of the General Counsel
`P.O. Box 1450
`Alexandria, VA 22313-1450
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`In accordance with 37 C.F.R. § 90.2(a)(2), the undersigned hereby certifies
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`that on September 17, 2020, a true and correct copy of the foregoing Patent
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`Owner’s Notice of Cross-Appeal was filed electronically with the Clerk’s Office of
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`the United States Court of Appeals for the Federal Circuit via CM/ECF.
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`
`/s/ Wayne M. Helge
`Wayne M. Helge (Reg. No. 56,905)
`DAVIDSON BERQUIST JACKSON &
`GOWDEY, LLP
`8300 Greensboro Dr., Suite 500
`McLean, VA 22102
`Telephone: (571) 765-7700
`Fax: (571) 765-7200
`Email: whelge@dbjg.com
`
`Counsel for Patent Owner
`
`
`
`
`Dated: September 17, 2020
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`
`
`
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`
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