`CBM2016-00007
`
`Date: September 21, 2016
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`STARBUCKS CORP., APPLE, INC., EVENTBRITE, INC., and
`STARWOOD HOTELS & RESORTS WORLDWIDE,INC.,
`Petitioner
`
`Vv.
`
`AMERANTH,INC.
`Patent Owner
`
`Case CBM2015-00091!'
`U.S. Patent No. 6,384,850
`
`PATENT OWNER AMERANTH’S NOTICE OF APPEAL
`
`' Case CBM2016-00007 has been joined with this proceeding.
`
`
`
`CBM2015-00091
`CBM2016-00007
`
`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 CBM2015-00091 and CBM2016-00007 that was entered
`
`on September 13, 2016 (Paper 38), and from all underlying findings, orders,
`decisions, rulings, andopinions 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 Owner in any
`
`orders, decisions, rulings, or opinions in CBM2015-00091 and/or CBM2016-
`
`00007.
`
`A copy of this 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 fees, are being filed with the Clerk's Office of the United States
`
`Court of Appeals for the Federal Circuit.
`
`
`
`September 21, 2016
`
`Respectfully Submitted,
`
`CBM2015-00091
`CBM2016-00007
`
`/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
`USPTO Reg. No. 44,675
`FABIANO LAW FIRM,P.C.
`12526 High Bluff Drive, Suite 300
`San Diego, CA 92130
`mdfabiano@fabianolawfirm.com
`Tel.: 619-742-963 1
`
`
`
`CBM2015-00091
`CBM2016-00007
`
`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 deliveryto:
`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:
`Bing Ai
`Patrick N. McKeever
`PERKINS COIE LLP
`PERKINS COIE LLP
`11988 El Camino Real, Suite 350
`11988 El Camino Real, Suite 350
`San Diego, CA 92130
`San Diego, CA 92130
`i-ptab@perkinscoie.com
`PMcKeever@perkinscoie.com
`Matthew C. Bernstein
`Yun L. Lu
`PERKINS COIE LLP
`PERKINS COIE LLP
`11988 El Camino Real, Suite 350
`11988 El Camino Real, Suite 350
`San Diego, CA 92130
`San Diego, CA 92130
`MBernstein@perkinscoie.com
`LLu@perkinscoie.com
`James M. Heintz
`Robert C. Williams
`DLA PIPER LLP (US)
`DLA PIPER LLP (US)
`11911 Freedom Drive, Suite 300
`401 B Street, Suite 1700
`San Diego, CA 92101
`
`robert.williams@dlapiper.com
`
`September 21, 2016
`
`/s/ Michael D. Fabiano /
`Michael D. Fabiano
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
