`CBM2015-00096
`
`Date: September 21, 2016
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`APPLE, INC., EVENTBRITE INC., STARWOOD HOTELS & RESORTS
`WORLDWIDE,INC., EXPEDIA, INC., FANDANGO, LLC,
`HOTELS.COM,L.P., HOTEL TONIGHT, INC., HOTWIRE,INC.,
`KAYAK SOFTWARE CORP., OPENTABLE, INC., ORBITZ, LLC, PAPA
`JOHN’S USA, INC., STUBHUB, INC., TICKETMASTER, LLC, LIVE
`NATION ENTERTAINMENT,INC., TRAVELOCITY.COM LP,
`WANDERSPOT LLC, AGILYSYS, INC., DOMINO’S PIZZA,INC.,
`DOMINO’S PIZZA, LLC, HILTON RESORTS CORPORATION,
`HILTON WORLDWIDE,INC., HILTON INTERNATIONAL CO., MOBO
`SYSTEMS, INC., PIZZA HUT OF AMERICA,INC., PIZZA HUT, INC.,
`and USABLENET,INC.,
`Petitioner
`
`Vv.
`
`AMERANTH,INC.
`Patent Owner
`
`Case CBM2015-00080!
`U.S. Patent No. 6,384,850
`
`PATENT OWNER AMERANTH’S NOTICE OF APPEAL
`
`' CBM2015-00096 has been consolidated with this proceeding.
`
`
`
`CBM2015-00080
`CBM2015-00096
`
`PATENT OWNER AMERANTH’S NOTICE OF APPEAL
`
`NOTICE IS HEREBY GIVENthat Ameranth, Inc. (Patent Owner), hereby
`
`appeals to the United States Court of Appeals for the Federal Circuit from the Final
`
`Written Decision in Case CBM2015-00080 and CBM2015-00096 that was entered
`
`on August 26, 2016 (Paper 44), and from all underlying findings, orders, decisions,
`
`rulings, and opinions in those Covered Business Method proceedings before the
`
`Patent Trial and Appeal Board.
`
`Patent Owner further states, per 37 C.F.R. § 90.2(a)(3)(i1), that the issues
`
`presented on this appeal include, but are not limited to: The decision of the Patent
`
`Trial and Appeal Board in the underlying proceedings that claims 12-16 of US.
`Patent No. 6,384,850 B1 are unpatentable under 35 U.S.C. § 103, along with any
`
`appealable finding, conclusion, or determination related in any way to that
`
`decision, and any other appealable issues decided adversely to Patent Ownerin any
`
`orders, decisions, rulings, or opinions in CBM2015-00080 and/or CBM2015-
`
`00096.
`
`A copy ofthis Notice of Appeal is being concurrently filed with the Patent
`
`Trial and Appeal Board, and three copies of this Notice of Appeal, plus the
`
`required docketing tees, are being filed with the Clerk's Office of the United States
`
`Court of Appeals for the Federal Circuit.
`
`
`
`September 21, 2016
`
`Respectfully Submitted,
`
`CBM2015-00080
`CBM2015-00096
`
`/John W. Osborne/
`John W. Osborne
`Lead Counsel for Patent Owner
`USPTOReg. No. 36,231
`OSBORNE LAW LLC
`33 Habitat Lane
`Cortlandt Manor, NY 10567
`josborne@osborneipl.com
`Tel.: 914-714-5936
`Fax: 914-734-7333
`
`Michael D. Fabiano
`Back-up Counsel for Patent Owner
`USPTOReg. No. 44,675
`FABIANO LAW FIRM,P.C.
`12526 High Bluff Drive, Suite 300
`San Diego, CA 92130
`mdfabiano@fabianolawfirm.com
`Tel.: 619-742-9631
`
`
`
`CBM2015-00080
`CBM2015-00096
`
`CERTIFICATE OF FILING AND SERVICE
`
`I certify that true and correct copies of the foregoing PATENT OWNER
`
`AMERANTH’S NOTICE OF APPEAL were submitted, as set forth below, on
`
`September 21, 2016.
`
`1 copy, via hand delivery to:
`Director of the U.S. Patent and Trademark Office
`c/o Office of the General Counsel, United States Patent and Trademark Office
`Madison Building East, Room 10-B-20
`600 Dulany Street
`Alexandria, VA 22314
`1 copy, via hand delivery, plusfiling fee, to:
`Clerk of Court, U.S. Court of Appeals for the Federal Circuit
`717 Madison Place, N.W.
`Washington, DC 20439
`1 copy, electronically via PTAB End-to-End System to:
`Patent Trial and Appeal Board, U.S. Patent and Trademark Office
`1 copy each,via email, per agreementof the parties,to:
`~ James M.Heintz
`Robert C. Williams
`DLA PIPER LLP (US)
`DLA PIPER LLP (US)
`11911 Freedom Drive, Suite 300
`401 B Street, Suite 1700
`Reston, VA 20190-5602
`San Diego, CA 92101
`Richard S. Zembek
`Gilbert A. Greene
`NORTON ROSE FULBRIGHT
`NORTON ROSE FULBRIGHT
`1301 McKinney, Suite 5100
`98 San Jacinto Boulevard, Suite 1100
`Houston, TX 77010
`Austin, TX 78701
`
`nortonrosefulbright.com
`
`September 21, 2016
`
`/s/ Michael D. Fabiano /
`Michael D. Fabiano
`
`
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