`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`BLD SERVICES, LLC
`Petitioner
`
`V.
`
`LMK TECHNOLOGIES, LLC
`Patent Owner
`
`Case IPR2014-00770
`Patent 8,667,991
`
`NOTICE OF APPEAL
`
`TO THE UNITED STATES COURT OF APPEALS
`
`FOR THE FEDERAL CIRCUIT
`BY PATENT OWNER LMK TECHNOLOGIES, LLC
`
`
`
`Case No.: IPR2014-00770
`Patent No.: 8,667,991
`
`Notice of Appeal
`
`Director of the United States Patent and Trademark Office
`c/o Office of the General Counsel
`Madison Building East, 10B20
`600 DulanyStreet
`Alexandria, VA 22314-5793
`
`Notice is hereby given, pursuant to 35 U.S.C. §§ 141(c) and 142, 37 C.F.R. 3§
`
`90.2(a) and 90.3, Rule 15 of the Federal Rules of Appellate Procedure, and Local
`
`Rule 15 of the United States Court of Appeals for the Federal Circuit, that Patent
`
`Owner LMK Technologies, LLC (“LMK”) appeals to the United States Court of
`
`Appeals for the Federal Circuit from the Final Written Decision entered on November
`
`18, 2015 (Paper 40)(the “Final Written Decision”).
`
`In accordance with 37 C.F.R. § 90.2(a)(3)(ii), LMK further indicates that the
`
`issues on appeal include all issues decided adversely to LMKin anyorders,decisions,
`
`rulings and opinions. This includes,butis not limitedto:
`
`1.
`
`The Board’s determination of unpatentability of claims 1 and 5-37 of
`
`subject U.S. Patent No. 8,667,991 (“the ‘991 patent”), under 35 U.S.C. § 103(a), as
`
`being unpatentable over Kiest U.S. Patent No. 6,994,118, Kiest U.S. Patent No.
`
`5,765,597 and De Neef Brochure, and any finding or determination supporting or
`related to that determination.
`
`2.
`
`The proper construction of claims 1 and 5-37 of the ‘991 patent,
`
`including application of the appropriate legal standard.
`
`Simultaneous with this submission, a copy of this Notice of Appeal is being
`
`l
`
`
`
`Case No.: IPR2014-00770
`Patent No.: 8,667,991
`
`Notice of Appeal
`
`filed with the Patent Trial and Appeal Board and the Clerk’s Office for the United
`
`States Court of Appeals for the Federal Circuit.
`
`Dated: January 20, 2016
`
`Jeffrey D. Harty
`Registration No. 40,639
`Nyemaster Goode, P.C.
`700 Walnut, Suite 1600
`Des Moines, Iowa 50309
`Phone: 515-283-8038
`jeff. harty@nyemaster.com
`
`Respectfully submitted,
`
`/Christopher L. McKee/
`
`By:
`
`Christopher L. McKee
`Registration No. 32,384
`Banner & Witcoff, Ltd.
`1100 13th Street NW, Suite 1200
`Washington, DC 20005
`Main: 202-824-3000
`cmckee@bannerwitcott.com
`
`Attorneys for Patent Owner
`LMKTechnologies, LLC
`
`
`
`Case No.: IPR2014-00770
`Patent No.: 8,667,991
`
`Notice of Appeal
`
`CERTIFICATES OF FILING AND SERVICE
`
`I hereby certify that a true and correct copy of the foregoing NOTICE OF
`
`APPEAL TO THE UNITED STATES COURT OF APPEALS FOR THE
`
`FEDERAL CIRCUIT BY PATENT OWNER LMK TECHNOLOGIES, LLC is
`being filed electronically through the Patent Trial and Appeal Board’s Patent
`
`Review Processing System (PRPS) on this 20th day of January, 2016, and,
`
`additionally that on the same date a true and correct copy is being hand delivered to
`
`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
`
`I hereby certify that a true and correct copy of the foregoing NOTICE OF
`
`APPEAL TO THE UNITED STATES COURT OF APPEALS FOR THE
`
`FEDERAL CIRCUIT BY THE PATENT OWNER LMK TECHNOLOGIES, LLC
`
`is being filed electronically with the filing fee on this 20th day of January, 2016, with
`
`the Clerk’s Office of the United States Court of Appeals for the Federal Circuit. On
`
`the same date, pursuant to Fed. Cir. L.R. 15, three true and correct copies of the
`
`foregoing are being sent to the Clerk’s Office via U.S. Express Mail at the following
`
`address:
`
`
`
`Case No.: IPR2014-00770
`Patent No.: 8,667,991
`
`Notice of Appeal
`
`United States Court of Appeals for the Federal Circuit
`717 Madison Place, N.W., Room 401
`Washington, D.C. 20005
`
`I hereby certify service on the Petitioner, pursuant to 37 C.F.R. § 42.6(e) and
`
`agreementofthe parties, by email delivery of a true copy of the foregoing NOTICE
`
`OF APPEAL TO THE UNITED STATES COURT OF APPEALS FOR THE
`
`FEDERAL CIRCUIT BY THE PATENT OWNER LMK TECHNOLOGIES, LLC,
`
`to counsel of record for Petitioner as follows:
`
`Scott A.M. Chambers, PhD.
`
`sachambers@pbnlaw.com
`
`Matthew D. Zapadka
`
`mdzapadka@pbnlaw.com
`
`on this 20th day of January, 2016.
`
`/Christopher L. McKee/
`
`Christopher L. McKee
`Registration No. 32,384
`Counsel for Patent Owner
`LMKTechnologies, LLC
`
`
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