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UNITED STATES PATENT AND TRADEMARK OFFICE
`
`____________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`____________________________
`
`STARBUCKS CORPORATION, et al.
`
`Petitioners
`
`v.
`
`FALL LINE PATENTS, LLC
`
`Patent Owner.
`____________________________
`
`Case No. IPR2019-00610
`Patent No. 9,454,748
`____________________________
`
`PETITIONERS’ NOTICE OF APPEAL
`
`

`

`Case IPR2019-00610
`Attorney Docket: 00012-0114IP1
`
`Pursuant to 35 U.S.C. §§ 142 and 37 C.F.R. § 90.2(a), Petitioners AMC Multi-
`
`
`
`Cinema, Inc., AMC Entertainment Holdings, Inc., Boston Market Corporation,
`
`Mobo Systems, Inc., McDonald’s Corporation, McDonald’s USA, Panda Restaurant
`
`Group, Inc., Panda Express Inc., Papa John’s International, Inc., Star Papa LP, and
`
`Papa John’s USA, Inc. respectfully give Notice that they hereby appeal to the United
`
`States Court of Appeals for the Federal Circuit from the Patent Trial and Appeal
`
`Board’s (“Board”) Final Written Decision, dated August 5, 2020 (Paper 32), and
`
`from all other underlying orders, decisions, rulings and opinions related thereto and
`
`included therein. This notice is timely filed within 63 days of the Board’s Final
`
`Written Decision.
`
`For the limited purpose of providing the Director with the information
`
`specified in 37 C.F.R. § 90.2(a)(3)(ii), Petitioners indicate that the issues on appeal
`
`include, but are not limited to (i) whether Claim 7 of U.S. Patent No. 9,454,748 is
`
`obvious over U.S. Patent No. 6,961,586 B2, filed September 17, 2001, issued
`
`November 1, 2005, and which claims the benefit of an application filed on
`
`September 28, 2000 (“Barbosa”) in view of U.S. Patent No. 5,991,771, issued
`
`November 23, 1999 (“Falls”); and (ii) whether Claim 7 of U.S. Patent No. 9,454,748
`
`is obvious over U.S. Patent No. 6,202,023 B1, issued March 13, 2001 (“Hancock”)
`
`in view of Falls.
`
`
`
`1
`
`

`

`Case IPR2019-00610
`Attorney Docket: 00012-0114IP1
`
`Simultaneous with this submission, a copy of this Notice of Appeal is being
`
`
`
`filed with the Board and the Clerk’s Office for the United States Court of Appeals
`
`for the Federal Circuit.
`
`
`
`
`
`2
`
`

`

`Case IPR2019-00610
`Attorney Docket: 00012-0114IP1
`
`
`
`
`Respectfully submitted,
`
`
`/Ricardo Bonilla /
`By
`Ricardo Bonilla (Reg. No. 65,190)
`rbonilla@fr.com;
`PTABInbound@fr.com Fish &
`Richardson P.C.
`3200 RBC Plaza
`60 South Sixth Street
`Minneapolis, MN 55402
`214-747-5070; 877-769-7945 (Fax)
`
`Robert H. Reckers (Reg. No. 54,633)
`rreckers@shb.com
`Shook, Hardy & Bacon L.L.P. 600
`Travis Street, Suite 3400
`Houston, Texas 77002-2926
`713-227-8008; 713-227-9508 (Fax)
`
`Lowell D. Mead (PHV forthcoming)
`lmead@cooley.com
`Cooley LLP
`3175 Hanover Street
`Palo Alto, CA 94304
`650-843-5734; 650-849-7400 (Fax)
`
`Counsel for Petitioners
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Dated: October 7, 2020
`
`
`
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`
`
`3
`
`

`

`
`
`Case IPR2019-00610
`Attorney Docket: 00012-0114IP1
`
`CERTIFICATE OF SERVICE
`
`
`In accordance with 37 CFR § 90.2(a)(1) and § 104.2, I hereby certify that on
`
`October 7, 2020, in addition to being filed electronically through the Board’s E2E
`
`System, the original version of the foregoing, Petitioners’ Notice of Appeal was
`
`filed by hand on the Director of the United States Patent and Trademark Office, at
`
`the following address:
`
`Director of the United States Patent and Trademark Office
`c/o Office of the General Counsel
`Madison Building East, 10B20
`600 Dulany Street
`Alexandria, VA 22314-5793
`
`
`
`CERTIFICATE OF SERVICE
`
` hereby certify that on October 7, 2020, a true and correct copy of the
`
`
`
`
`
` I
`
`foregoing, Petitioners’ Notice of Appeal, along with a copy of the Termination
`
`Decision, was filed electronically with the Clerk’s Office of the United States
`
`Court of Appeals for the Federal Circuit, at the following address:
`
`
`
`
`
`
`
`
`
`United States Court of Appeals for the Federal Circuit
`717 Madison Place, N.W., Suite 401
`Washington, DC 20005
`
`
`
`4
`
`

`

`
`
`Case IPR2019-00610
`Attorney Docket: 00012-0114IP1
`
`CERTIFICATE OF SERVICE
`
`Pursuant to 37 CFR § 42.6(e)(1), the undersigned certifies that on October 7,
`
`2020, a complete and entire copy of this Petitioners’ Notice of Appeal was
`
`provided via email, to the Patent Owner by serving the email correspondence
`
`addresses of record as follows:
`
`Terry L. Watt
`Crowe & Dunlevy
`500 Kennedy Building
`321 South Boston Avenue
`Tulsa, OK 74103
`
`Matthew J. Antonelli
`Michael E. Ellis
`Larry D. Thompson, Jr.
`Antonelli, Harrington & Thompson LLP
`4306 Yoakum Blvd., Ste. 450
`Houston, TX 77006
`
`Email: terry.watt@crowedunlevy.com
`Email: matt@ahtlawfirm.com
`Email: michael@ahtlawfirm.com
`Email: larry@ahtlawfirm.com
`
`
`
`
`
`
`
`
`
`/Edward G. Faeth/
`Edward G. Faeth
`Fish & Richardson P.C.
`3200 RBC Plaza
`60 South Sixth Street
`Minneapolis MN 55402
`(202) 626-6420
`
`
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`5
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