`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`HULU, LLC
`Petitioner
`
`_
`
`INTERTAINER,INC.
`Patent Owner
`
`Case CBM2014-00052
`Patent 8,479,246
`
`PATENT OWNER’S NOTICE OF APPEAL
`
`
`
`Case CBM2014-00052
`U.S. Patent No. 8,479,246
`Our Ref. 108.0004-03CBM
`
`Pursuant to 37 C.F.R. § 90.2(a) and 35 U.S.C. §§141(c) and 142, Intertainer,
`
`Inc. (“Patent Owner”) respectfully gives Notice that it hereby appeals the Board’s
`
`June 12, 2015 Final Written Decision (Paper 35) that claims 1-3, 5, 8, 10, 11, and
`
`13-15 of U.S. Patent No. 8,479,246 (‘246 patent”) are unpatentable to the United
`
`States Court of Appeals for the Federal Circuit, and from all other underlying
`
`orders, decisions, rulings, and opinions that are adverse to Patent Owner,
`
`including, without limitation, certain holdings in the Board’s June 23, 2014
`
`Institution of Covered Business Method Review (Paper10).
`
`Forthe limited purpose of providing the Director with the information
`
`requested in 37 C.F.R. § 90.2(a)(3)(ii), issues on Patent Owner’s appeal may
`
`include the Board’s determination that claims 1-3, 5, 8, 10, 11, and 13-14 of the
`
`‘246 patent have been shownto be unpatentable under 35 U.S.C. § 102(b) based on
`EP 0 840 241 Al (“Chen”), and that claim 15 ofthe ‘246 patent has been shownto
`
`be unpatentable under 35 U.S.C. § 103(a) based on Chen and Felix Hartanto &
`
`HarshaSirisena, Hybrid Error Control Mechanism for Video Transmission in the
`
`Wireless IP Networks, PROCEEDINGS OF THE IEEE TENTH WORKSHOP ON LOCAL
`
`AND METROPOLITAN AREA NETWORKS(Nov. 1999) (“Hartanto”), challenges to any
`
`findings supporting that determination, the Board’s claim construction of the
`
`subject claims, the Board’s factual findings with respect to Chen and Hartanto,the
`
`
`
`Case CBM2014-00052
`U.S. Patent No. 8,479,246
`Our Ref. 108.0004-03CBM -
`
`Board’s legal errors in undertaking the obviousness analysis, the Board’s findings
`that conflict with the evidence ofrecord and are not supported by substantial
`evidence,the Board’s finding that the ‘246 patent is a covered business method
`patent and subject to Covered Business Method Review underSection 18(d)(1) of
`the AIA and 37 C.F.R. § 42.301, and other issues decided adversely to Patent
`|
`
`Owner.
`
`.
`
`Simultaneous with this filing and in accordance with 37 C.F.R. § 90.2(a)(1),
`
`this Notice of Appealis filed with the Director of the United States Patent and
`
`Trademark Office, filed with the Board, and served uponPetitioner in accordance
`with 37 C.F.R. § 42.6(e). In addition, three copies ofthis Notice of Appeal, along
`with the required fees,are being filed with the Clerk’s Office for the United States
`) Court ofAppeals for the Federal Circuit.
`|
`
`'
`
`Dated: August 12, 2015
`
`.
`,
`
`.
`
`-
`
`Respectfully submitted,
`
`/Amedeo F. Ferraro/
`AmedeoF. Ferraro
`Registration No. 37,129
`' Attorney for Patent Owner
`MARTIN & FERRARO, LLP
`17383 Sunset Blvd., Suite 250
`Los Angeles, CA 90272
`Telephone: (310) 286-9800
`Facsimile:
`(310) 286-2795
`
`
`
`Case CBM2014-00052
`U.S. Patent No. 8,479,246
`Our Ref. 108.0004-03CBM
`
`CERTIFICATE OF SERVICE
`
`It is certified that a copy of Patent Owner’s Notice of Appeal was served in
`
`its entirety by electronic mail, upon the following lead and backup counsel of
`
`record for Petitioner HULU, LLC:
`
`Eliot Williams
`
`Harper Batts
`
`BAKER BOTTS, LLP
`
`BAKER BOTTS, LLP
`
`1001 Page Mill Road
`
`1001 Page Mill Road
`
`Building One, Suite 200
`
`Building One, Suite 200
`
`Palo Alto, CA 94304
`
`Palo Alto, CA 94304
`
`Additionally, pursuant to 37 C.F.R. § 90.2(a)(1), the undersigned hereby
`
`certifies that a copy of this Patent Owner’s Notice of Appeal waselectronically
`
`filed with the Patent Trial and Appeal Board in accordance with 37 C.F.R.
`
`§ 42.6(b) and the original of this Patent Owner’s Notice of Appeal filed by hand
`
`with the Director of the United States Patent and Trademark Office in accordance
`
`with 37 C.F.R. § 104.2 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 DulanyStreet
`
`Alexandria, VA 22314-5793
`
`
`
`Case CBM2014-00052
`U.S. Patent No. 8,479,246
`Our Ref. 108.0004-03 CBM
`
`Moreover, the undersigned herebycertifies that three true and correct copies of the
`
`foregoing Patent Owner’s Notice of Appeal and the prescribed fees were filed by
`
`hand on August 12, 2015 with the Clerk’s Office of the United States Court of
`
`Appeals for the Federal Circuit:
`
`Mr. Daniel O’Toole, Circuit Executive and Clerk of the Court
`
`United States Court of Appeals for the Federal Circuit
`
`717 Madison Place, N.W., Suite 401
`
`Washington, D.C. 20005
`
`Date of Service:
`
`August 12, 2015
`
`Signature:
`
`/Amedeo F. Ferraro/
`AmedeoF.Ferraro, Registration No. 37,129
`Attorney for Patent Owner
`MARTIN & FERRARO, LLP
`17383 Sunset Blvd., Suite 250
`Los Angeles, CA 90272
`Telephone: (310) 286-9800
`Facsimile:
`(310) 286-2795
`
`
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