`Filed: June 11, 2020
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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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`MICROSOFT CORPORATION,
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`Petitioner
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`v.
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`FG SRC LLC,
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`Patent Owner
`_______________________
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`IPR2018-016051
`Patent No. 7,620,800
`__________________________
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`PATENT OWNER FG SRC LLC’S NOTICE OF APPEAL TO THE
`U.S. COURT OF APPEALS FOR THE FEDERAL CIRCUIT
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`1 Proceedings IPR2018-01606 and IPR2018-01607 have been consolidated with this proceeding.
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`Patent Owner FG SRC LLC hereby gives notice, pursuant to 35
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`U.S.C. § 142 and 37 C.F.R. § 90.2(a) and 90.3(a), to the Director of the
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`United States Patent and Trademark Office that it hereby appeals to the
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`United States Court of Appeals for the Federal Circuit from the final
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`written decision of the Patent Trial and Appeal Board under 35 U.S.C. §
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`318(a) in Microsoft Corp. v. FG SRC LLC, IPR2018-01605, dated April 9,
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`2020, and from all underlying orders, decisions, ruling and opinions
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`adverse to Patent Owner.
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`The issues on appeal may include one or more of the following, as
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`well as any underlying findings, determinations, rulings, decisions,
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`opinions, or other related issues:
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`1.
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`That the Board improperly used the broadest reasonable
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`interpretation standard for claim construction;
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`2.
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`That the Board’s claim constructions were improper under both
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`the broadest reasonable interpretation and Phillips standards;
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`3.
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`That the Board improperly placed the burden on Patent Owner to
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`show that “there was a uniform understanding of persons of ordinary skill in
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`the art” before it would consider extrinsic evidence;
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`4.
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`That claims 1, 15, 18, 21, and 22 of U.S. Patent No. 7,620,800 (the
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`“’800 patent”) are not anticipated under 35 U.S.C. § 102 by the Splash2
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`reference (Duncan A. Buell, Jeffrey M. Arnold, & Walter J. Kleinfelder,
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`SPLASH2: FPGAS IN A CUSTOM COMPUTING MACHINE (1996));
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`5.
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`That claims 1, 15, 18, 21, and 22 of the ’800 patent are not
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`rendered obvious under 35 U.S.C. § 103 by the Splash2 reference;
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`6.
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`That claims 8 and 9 of the ’800 patent are not rendered obvious
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`under 35 U.S.C. § 103 by Splash2 in combination with the RaPiD reference
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`(Carl Ebeling et al., “Mapping Applications to the RaPiD Configurable
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`Architecture,” Proceedings of the IEEE Symposium on FPGAs for Custom
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`Computing Machines, Apr. 16–18, 1997, pp. 106–115);
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`7.
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`That claim 20 of the ’800 patent is not rendered obvious under 35
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`U.S.C. § 103 by Splash2 in combination with the Jeong reference (Yong-Jin
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`Jeong & Wayne P. Burleson, “VLSI Array Algorithms and Architectures for
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`RSA Modular Multiplication,” IEEE Transactions on Very Large Scale
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`Integration (VLSI) Systems, vol. 5, no. 2, June 1997, pp. 211–217);
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`8.
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`That claims 7, 17, and 24 of the ’800 patent are not rendered
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`obvious under 35 U.S.C. § 103 by Splash2 in combination with the Chunky
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`SLD reference (Michael Rencher & Brad L. Hutchings, “Automated Target
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`Recognition on SPLASH 2,” Proceedings of the IEEE Symposium on FPGAs
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`for Custom Computing Machines, Apr. 16–18, 1997); and
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`9.
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`That claims 2–5, 22, and 23 of the ’800 patent are not rendered
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`obvious under 35 U.S.C. § 103 by Splash2 in combination with Chunky SLD
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`and Roccatano (D. Roccatano et al., “Development of a Parallel Molecular
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`Dynamics Code on SIMD Computers: Algorithm for Use of Pair List
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`Criterion,” Journal of Computational Chemistry, vol. 19, no. 7, May 1998, pp.
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`685–694).
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`Simultaneous with this submission, a copy of this Notice of Appeal is
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`being filed electronically with the Patent Trial and Appeal Board pursuant to
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`37 C.F.R. § 90.2(a). A copy of this Notice of Appeal along with the required
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`docketing fees, and a copy of the Decision on Appeal, are being transmitted to
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`the clerk of the court for the Federal Circuit pursuant to Fed. Cir. Rule
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`15(a)(1).
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`Date: June 11, 2020
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` Respectfully submitted,
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`/s/ Alfonso Chan
`Alfonso Chan, Reg. No. 45,964
`achan@shorechan.com
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`Attorney for Patent Owner
`FG SRC LLC
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`CERTIFICATE OF SERVICE
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`Pursuant to 37 C.F.R. §§42.6(3)(1), 42.6(e)(4), and 42.25(b), the
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`undersigned certifies that a complete copy of PATENT OWNER FG SRC
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`LLC’S NOTICE OF APPEAL TO THE U.S. COURT OF APPEALS FOR
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`THE FEDERAL CIRCUIT was filed electronically through the Patent Trial
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`and Appeal Board’s PTAB E2E System and provided, via electronic service, to
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`the Petitioner as follows:
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`Joseph A. Micallef
`jmicallef@sidley.com
`Scott M. Border
`sborder@sidley.com
`SIDLEY AUSTIN LLP
`1501 K Street N.W.
`Washington, DC 20005
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`Jason P. Greenhut
`jgreenhut@sidley.com
`SIDLEY AUSTIN LLP
`1 South Dearborn
`Chicago, IL 60603
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`Dated: June 11, 2020
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`/Alfonso Chan/
`Alfonso Chan
`Reg. No. 45,964
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`CERTIFICATE OF FILING
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` 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:
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`Director
`Office of the General Counsel
`United States Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
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` I
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`/s/Alfonso Chan
`Alfonso Chan
`Reg. No. 45,964
`Attorney for Patent Owner
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` 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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