`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`PALO ALTO NETWORKS,INC. and
`BLUE COAT SYSTEMS, LLC,
`Petitioners
`
`Vv.
`
`FINJAN,INC.
`Patent Owner
`
`|
`
`Inter Partes Review No. 2016-00159!
`U.S. Patent No. 8,677,494
`
`=
`
` LAeZiHd|dasL182
`
`PETITIONERS’ NOTICE OF APPEAL
`
`' Case IPR2016-01 174 has been joined with this proceeding
`
`
`
`Petitioners” Notice ofAppeal
`IPR2016-00159 (U.S. Patent No.8,677,494)
`
`Pursuantto 37 C.F.R. § 90.2(a) and 35 U.S.C. §§ 141(c), 142, and 319, Palo
`
`Alto Networks, Inc. and Blue Coat Systems, LLC (“Petitioners”) respectfully
`appeal to the United States Court of Appeals for the Federal Circuit from the
`
`Patent Trial and Appeal Board’s Final Written Decision entered on April 11, 2017
`
`(Paper 50) and from other
`related orders, decisions,
`rulings, and opinions.
`| underlying the Board’s decision.” This notice of appeal is ‘timely pursuant to 37
`C.F.R. § 90.3(b). A Request for Rehearing Pursuant to 37 CER. § 42.71 was filed
`May11, 2017 and decided on July 17, 2017.
`|
`
`For the limited purpose of providing the Director of the United States Patent
`and Trademark Office with the information specified in 37 C.F.R. § 90.2(a)(3)(i),
`
`the issues on appeal include the Board’s mis-determinationof the priority date of
`U.S. Patent No. 8,677,494, and the Board’s.erroneous conclusion that Petitioners
`
`did not establish that claims 3-5 and 10-15 of the °494 patent are unpatentable
`
`§ 103. The issues on appeal also include any finding or
`under 35 U.S.C.
`determination supporting or related to these issues, as well as all other issues
`
`decided adversely to Petitioners in any order, decision, ruling, or opinion.
`
`2 Blue Coat Systems, LLC waspetitioner in IPR2016-01174, which was joined
`
`with IPR2016-00159. (Paper 8.) Citations are to the IPR2016-00159 docket.
`
`1
`
`
`
`Petitioners’ Notice of Appeal
`IPR2016-00159 (U.S. Patent No. 8,677,494)
`
`Simultaneous with this filing and in accordance with 37 C.F.R. § 90.2(a)(1),
`
`this Notice of Appeal is being filed with the Director and served on Patent Owner
`
`in accordance with 37 C.F.R. § 42.6(e). This Notice of Appeal, along with the .
`
`_ required fees; is also being filed with the Clerk’s Office for the United StatesCourt
`
`of Appeals for the Federal Circuit in accordance with Fed. Cir. R. 15(a)(1).
`
`Dated: September 13, 2017
`
`Counsel for Palo Alto Networks, Inc.
`CooLey LLP
`ATTN: Patent Group
`1299 Pennsylvania Ave., NW, Suite 700 -
`Washington, DC 20004
`Tel: (703) 456-8000
`Fax: (202) 842-7899
`
`Counsel for Blue Coat Systems, LLC
`Michael T. Rosato
`Andrew S. Brown
`WILSON SONSINI GOODRICH & Rosati
`701 Fifth Avenue, Suite 5100
`Seattle, WA 98104
`Tel: (206) 883-2500
`Fax: (206) 883-2699
`
`Respectfully submitted,
`CooLEYLLP
`
`By:
`
`/Orion Armon/
`Orion Armon
`Reg. No. 65,421
`
`Respectfully submitted,
`WILSON SONSINI GOODRICH &
`ROSATI
`
`By:
`
`/Michael T. Rosato/
`MichaelT. Rosato
`Reg. No. 52,182
`
`
`
`Petitioners’ Notice of Appeal
`IPR2016-00159 (U.S. Patent No. 8,677,494)
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that,
`
`in addition to being filed electronically through the
`
`Patent Trial and Appeal Board’s E2E system, the foregoing Notice of Appeal was
`
`sent by overnight Federal Express on September 13, 2017, to the Director of the
`
`United States Patent and Trademark Office, at the following address:
`
`Office of the General Counsel
`Patent and Trademark Office
`Madison East
`10B20 600 DulanyStreet
`Alexandria, Virginia 22314
`
`I hereby certify that a true and correct copy of the foregoing Notice of
`Appeal was filed electronically by CM/ECF on September 13, 2017, with the
`
`Clerk’s Office of the United States Court of Appeals for the Federal Circuit.
`
`Pursuant to 37 C.F.R. §§ 90.2(a) and Federal Circuit Rule 15(a)(1), I certify
`that on September 13, 2017, the requisite $500.00 fee for appeal of the foregoing
`
`Petitioners’ Notice of Appeal was paid through Pay.gov to the United States Court
`
`of Appeals for the Federal Circuit.
`
`2 6K
`
`
`
`Petitioners’ Notice of Appeal
`IPR2016-00159 (U.S. Patent No. 8,677,494)
`
`Pursuant to 37 C.F.R.§ 42.6(e), I certify that I caused to be served a true and
`
`correct copyof the foregoing Petitioners’ Notice of Appeal on the Patent Ownerat
`
`the e-mail addresses of the Patent Owneras follows:
`
`Jeffrey H. Price
`James Hannah —
`KRAMER LEVIN NAFTALIS & KRAMERLEVIN NAFTALIS &
`‘FRANKEL LLP
`FRANKEL LLP
`.
`990 Marsh Road
`1177 Avenue of the Americas
`Menlo Park, CA 94025
`New York, NY 10036
`Phone: (650) 752-1712
`Phone: (212) 715-7502
`Fax: (650) 752-1812 —
`"Fax: (212) 715-8302
`jhannah@kramerlevin.com
`jprice@kramerlevin.com
`
`.
`
`Michael Kim
`Finjan, Inc.
`2000 University Ave., Ste. 600
`E. Palo Alto, CA 94303
`Phone: 650.397.9567
`mkim@finjan.com
`USPTO Reg. No. 40,450
`
`By:
`
`/Orion Armon/
`Orion Armon
`Reg. No. 65,421
`
`
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