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Paper No. 73
`Filed: June 11, 2020
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`______________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`______________________
`
`MICROSOFT CORPORATION,
`
`Petitioner
`
`v.
`
`
`
`FG SRC LLC,
`
`Patent Owner
`_______________________
`
`IPR2018-016051
`Patent No. 7,620,800
`__________________________
`
`PATENT OWNER FG SRC LLC’S NOTICE OF APPEAL TO THE
`U.S. COURT OF APPEALS FOR THE FEDERAL CIRCUIT
`
`
`1 Proceedings IPR2018-01606 and IPR2018-01607 have been consolidated with this proceeding.
`
`

`

`
`
`Patent Owner FG SRC LLC hereby gives notice, pursuant to 35
`
`U.S.C. § 142 and 37 C.F.R. § 90.2(a) and 90.3(a), to the Director of the
`
`United States Patent and Trademark Office that it hereby appeals to the
`
`United States Court of Appeals for the Federal Circuit from the final
`
`written decision of the Patent Trial and Appeal Board under 35 U.S.C. §
`
`318(a) in Microsoft Corp. v. FG SRC LLC, IPR2018-01605, dated April 9,
`
`2020, and from all underlying orders, decisions, ruling and opinions
`
`adverse to Patent Owner.
`
`The issues on appeal may include one or more of the following, as
`
`well as any underlying findings, determinations, rulings, decisions,
`
`opinions, or other related issues:
`
`1.
`
`That the Board improperly used the broadest reasonable
`
`interpretation standard for claim construction;
`
`2.
`
`That the Board’s claim constructions were improper under both
`
`the broadest reasonable interpretation and Phillips standards;
`
`3.
`
`That the Board improperly placed the burden on Patent Owner to
`
`show that “there was a uniform understanding of persons of ordinary skill in
`
`the art” before it would consider extrinsic evidence;
`
`4.
`
`That claims 1, 15, 18, 21, and 22 of U.S. Patent No. 7,620,800 (the
`
`“’800 patent”) are not anticipated under 35 U.S.C. § 102 by the Splash2
`
`

`

`
`
`reference (Duncan A. Buell, Jeffrey M. Arnold, & Walter J. Kleinfelder,
`
`SPLASH2: FPGAS IN A CUSTOM COMPUTING MACHINE (1996));
`
`5.
`
`That claims 1, 15, 18, 21, and 22 of the ’800 patent are not
`
`rendered obvious under 35 U.S.C. § 103 by the Splash2 reference;
`
`6.
`
`That claims 8 and 9 of the ’800 patent are not rendered obvious
`
`under 35 U.S.C. § 103 by Splash2 in combination with the RaPiD reference
`
`(Carl Ebeling et al., “Mapping Applications to the RaPiD Configurable
`
`Architecture,” Proceedings of the IEEE Symposium on FPGAs for Custom
`
`Computing Machines, Apr. 16–18, 1997, pp. 106–115);
`
`7.
`
`That claim 20 of the ’800 patent is not rendered obvious under 35
`
`U.S.C. § 103 by Splash2 in combination with the Jeong reference (Yong-Jin
`
`Jeong & Wayne P. Burleson, “VLSI Array Algorithms and Architectures for
`
`RSA Modular Multiplication,” IEEE Transactions on Very Large Scale
`
`Integration (VLSI) Systems, vol. 5, no. 2, June 1997, pp. 211–217);
`
`8.
`
`That claims 7, 17, and 24 of the ’800 patent are not rendered
`
`obvious under 35 U.S.C. § 103 by Splash2 in combination with the Chunky
`
`SLD reference (Michael Rencher & Brad L. Hutchings, “Automated Target
`
`Recognition on SPLASH 2,” Proceedings of the IEEE Symposium on FPGAs
`
`for Custom Computing Machines, Apr. 16–18, 1997); and
`
`

`

`
`
`9.
`
`That claims 2–5, 22, and 23 of the ’800 patent are not rendered
`
`obvious under 35 U.S.C. § 103 by Splash2 in combination with Chunky SLD
`
`and Roccatano (D. Roccatano et al., “Development of a Parallel Molecular
`
`Dynamics Code on SIMD Computers: Algorithm for Use of Pair List
`
`Criterion,” Journal of Computational Chemistry, vol. 19, no. 7, May 1998, pp.
`
`685–694).
`
`Simultaneous with this submission, a copy of this Notice of Appeal is
`
`being filed electronically with the Patent Trial and Appeal Board pursuant to
`
`37 C.F.R. § 90.2(a). A copy of this Notice of Appeal along with the required
`
`docketing fees, and a copy of the Decision on Appeal, are being transmitted to
`
`the clerk of the court for the Federal Circuit pursuant to Fed. Cir. Rule
`
`15(a)(1).
`
`Date: June 11, 2020
`
`
`
` Respectfully submitted,
`
`
`
`
`
`
`
`
`
`
`
`/s/ Alfonso Chan
`Alfonso Chan, Reg. No. 45,964
`achan@shorechan.com
`
`Attorney for Patent Owner
`FG SRC LLC
`
`
`
`
`
`
`
`
`
`
`
`
`
`

`

`
`
`CERTIFICATE OF SERVICE
`
`Pursuant to 37 C.F.R. §§42.6(3)(1), 42.6(e)(4), and 42.25(b), the
`
`undersigned certifies that a complete copy of PATENT OWNER FG SRC
`
`LLC’S NOTICE OF APPEAL TO THE U.S. COURT OF APPEALS FOR
`
`THE FEDERAL CIRCUIT was filed electronically through the Patent Trial
`
`and Appeal Board’s PTAB E2E System and provided, via electronic service, to
`
`the Petitioner as follows:
`
`Joseph A. Micallef
`jmicallef@sidley.com
`Scott M. Border
`sborder@sidley.com
`SIDLEY AUSTIN LLP
`1501 K Street N.W.
`Washington, DC 20005
`
`Jason P. Greenhut
`jgreenhut@sidley.com
`SIDLEY AUSTIN LLP
`1 South Dearborn
`Chicago, IL 60603
`
`Dated: June 11, 2020
`
`
`
`
`
`/Alfonso Chan/
`Alfonso Chan
`Reg. No. 45,964
`
`
`
`
`
`
`
`

`

`
`
`CERTIFICATE OF FILING
`
` I
`
` hereby certify that the foregoing PATENT OWNER FG SRC LLC’S
`NOTICE OF APPEAL TO THE U.S. COURT OF APPEALS FOR THE
`FEDERAL CIRCUIT is being filed pursuant to 37 CFR §§ 90.2 and 104.2 by
`certified mail on this 11th day of June, 2020 as follows:
`
`Director
`Office of the General Counsel
`United States Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
` I
`
`
`
`/s/Alfonso Chan
`Alfonso Chan
`Reg. No. 45,964
`Attorney for Patent Owner
`
`
`
`
`
`
`
`
`
`
`
`
`
` hereby certify that the foregoing PATENT OWNER FG SRC LLC’S
`NOTICE OF APPEAL TO THE U.S. COURT OF APPEALS FOR THE
`FEDERAL CIRCUIT, and the required filing fee, is being filed with the
`Clerk’s Office of the United States Court of Appeals for the Federal Circuit,
`via CM/ECF.
`
`
`
`
`
`
`

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