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`Michael P. Delaney
`2101 Cedar Springs Road, Suite 1000
`Dallas, TX 75201
`Telephone: (214) 888—4848
`Facsimile: (214) 888-4849
`mdelaney@caldwellcc.com
`
`
`
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`October 27, 2017
`
`.
`VIA‘EXPRESS MAIL
`
`Director of the United States Patent and Trademark Office
`
`Office of the General Counsel
`United States Patent and Trademark Office
`PO. Box 1450
`
`Alexandria, VA 22313-1450
`
`RE:
`
`Baker Hughes Incorporated et al. v. Packers Plus, Nos. IPR2016-00656 and
`IPR2016-00657
`
`Dear Director:
`
`Enclosed are copies of Exclusive Licensee’s Notice of Appeal filed concurrently with the
`Director of the United States Patent and Trademark Office and US. Court of Appeals for the
`Federal Circuit.
`
`Sincerely,
`
`/s/ Michael P. Delaney
`
`- Michael P. Delaney
`Paralegal
`
`Enclosures
`
`
`
`
`~
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`
`Michael P. Delaney
`2101 Cedar Springs Road, Suite 1000
`Dallas, TX 75201
`Telephone: (214) 888—4848
`Facsimile: (214) 888-4849
`mdelaney@caldwellcc.com
`
`
`
`‘
`
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`'
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`October 27, 2017
`
`.
`VIA‘EXPRESS MAIL
`
`Director of the United States Patent and Trademark Office
`
`Office of the General Counsel
`United States Patent and Trademark Office
`PO. Box 1450
`
`Alexandria, VA 22313-1450
`
`RE:
`
`Baker Hughes Incorporated et al. v. Packers Plus, Nos. IPR2016-00656 and
`IPR2016-00657
`
`Dear Director:
`
`Enclosed are copies of Exclusive Licensee’s Notice of Appeal filed concurrently with the
`Director of the United States Patent and Trademark Office and US. Court of Appeals for the
`Federal Circuit.
`
`Sincerely,
`
`/s/ Michael P. Delaney
`
`- Michael P. Delaney
`Paralegal
`
`Enclosures
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`I
`
`BAKER HUGHES INCORPORATED AND BAKER HUGHES OILFIELD
`
`OPERATIONS LLC,
`Petitioners
`
`V.
`
`PACKERS PLUS ENERGY SERVICES INC,
`Patent Owner
`
`Case IPR2016-00656
`
`Patent 8,657,009
`
`EXCLUSIVE LICENSEE’S NOTICE OF APPEAL
`
`Director of the United States Patent and Trademark Office
`
`United States Patent and Trademark Office
`
`Office ofthe General Counsel
`
`‘
`
`PO. Box 1450
`
`Alexandria, VA 22313—1450
`
`
`
`Pursuant to 35 U.S.C. §§ 141 and 142 and 37 C.F.R. §§ 90.2(a), 90.3 and
`
`104.2, Exclusive Licensee, Rapid Completions LLC, (“Rapid Completions”)
`
`hereby gives notice of its appeal to the United States Court of Appeals for the
`
`Federal Circuit from the Final Written Decision of the Patent Trial and Appeal
`
`Board (the “Board”) entered on August 29, 2017 (Paper No. 46) (the “Final Written
`
`Decision”), and from all orders, decisions, rulings, and opinions, regarding Rapid
`
`Completions’ US. Patent No. 8,657,009 (“the ’009 Patent”).
`
`In accordance with 37 CPR. § 90.2(a)(3)(ii), Rapid Completions states that
`
`the issues on appeal include, but are not limited to, the following:
`
`0 Whether the Board erred in its determination as to the priority date of
`
`claims 1-13 of the ’009 Patent.
`
`0 Whether the Board erred in its determination that claims 1-13 of the
`
`’009 Patent are anticipated by Themig, and any other finding or
`
`determination (legal or factual) supporting or relating to this
`
`determination.
`
`O
`
`0 Whether the Board erred in its determination that claims 1-13 of the
`
`’009 Patent are anticipated by Flores, and any other finding or
`
`determination (legal or factual) supporting or relating to this
`
`determination.
`
`0 Whether the Board erred in its determination that 4, 8, 9, and 13 of
`
`1
`
`
`
`the ’009 patent are unpatentable as obvious over Flores, and any other
`
`finding or determination (legal or factual) supporting or relating to
`
`this determination.
`
`0 Whether the Board erred in its determination that 4, 8, 9, and 13 of
`
`the ’009 patent are unpatentable as obvious over Flores and Whiteley,
`
`and any other finding or determination (legal or factual) supporting or
`
`relating to this determination.
`
`- Whether inter partes review violates Article III or the Seventh
`
`Amendment right to'a jury trial, and whether the Board erred in
`
`holding that it does not Violate Article III or the Seventh Amendment
`
`when it declined to dismiss the proceedings on this ground.
`
`Rapid Completions reserves the right to challenge any finding or
`
`determination supporting or related to the issues listed above, and to challenge any
`
`other issues decided adversely to Rapid Completions in the Final Written Decision
`
`and/or any orders, decisions or rulings underlying the Final Written Decision.
`
`Copies of Rapid Completions’ Notice of Appeal are being filed
`
`simultaneously with the Director of the United States Patent and Trademark Office,
`
`the Patent Trial and Appeal Board, and the Clerk of the United States Court of
`
`Appeals for the Federal Circuit, and served on the Petitioner.
`
`
`
`Dated: October 27, 2017
`
`Respectfully submitted,
`
`Rapid Completions LLC
`
`By /Hamad M Hamad/
`Hamad M. Hamad, Reg. No. 64,641
`Bradley W. Caldwell (pro hac Vice)
`Justin T. Nemunaitis (pro hac Vice)
`CALDWELL CASSADY CURRY, RC.
`2101 Cedar Springs Road, Suite 1000
`Dallas, Texas 75201
`Telephone: 214.888.4848
`Facsimile: 214.888.4849
`
`hhamad@caldwellcc.com
`bcaldwell@caldwellcc.com
`jnemunaitis@caldwellcc.corn
`rapid@caldwellcc.com
`
`Dr. Gregory Gonsalves, Reg. No. 43,639
`GONSALVES LAW FIRM
`
`2216 Beacon Lane
`
`Falls Church, Virginia 22043
`Telephone: 571.419.7252
`gonsalves@ gonsalveslawfirm.com
`
`
`
`CERTIFICATE OF FILING I
`
`The undersigned certifies that on October 27, 2017, in addition to being filed
`
`electronically through the Patent Trial and Appeal Board’s E2E System, pursuant to
`
`37r C.F.R. § 42.6(b)(1), the foregoing EXCLUSIVE LICENSEE’S NOTICE OF I
`
`APPEAL was filed Via Express Mail with the Director of the United States Patent
`
`and Trademark Office, at the following address (in accordance with 37 CPR. §§
`
`90.2(a), 1042):
`
`Director of the United States Patent and Trademark Office
`Office of the General Counsel
`
`United States Patent and Trademark Office
`PO. Box 1450
`
`Alexandria, Virginia 22313—1450
`
`CERTIFICATE OF FILING
`
`The undersigned certifies that on October 27, 2017 in addition to being filed
`
`electronically through the Court’s CM/ECF System, one true and correct copy of the
`
`foregoing EXCLUSIVE LICENSEE’S NOTICE OF APPEAL and the Final Written
`
`Decision were filed Via Express Mail with the Clerk’s Office of the United States
`
`Court of Appeals for the Federal Circuit atthe following address:
`
`Clerk of Court
`
`United States Court of Appeals for the Federal Circuit
`717 Madison Place NW.
`
`Washington, DC 20439
`
`
`
`CERTIFICATE OF SERVICE UNDER 37 C.F.R. § 42.6 §en41
`
`It is hereby certified that on this 27th day of October, 2017, a copy of the
`
`foregoing EXCLUSIVE LICENSEE’S NOTICE OF APPEAL was served Via
`
`electronic mail, as previously consented to by Petitioner upon the following counsel
`
`of record:
`
`' Mark T. Garrett (Lead Counsel)
`Eagle H. Robinson (Back—up Counsel)
`NORTON ROSE FULBRIGHT US LLP
`- mark.garrett@nortonrosefulbrightcom
`eaglggrobinson@nortonrosefulbright. com
`
`Date: October 27, 2017
`
`/Hamad M Hamad/
`Hamad M. Hamad, Reg. No. 64,641
`
`
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