PGR2018—00008
`
`Patent No. 9,597,594
`
`Filed on behalf of Supercell 0y
`
`By:
`JENNIFER R. BUSH, Reg. No 50,784
`MICHAEL J. SACKSTEDER
`
`-
`
`GEOFFREY R. MILLER
`FENWICK & WEST LLP
`801 California Street
`Mountain View, CA 94041
`Telephone: 650.988.8500
`Facsimile:
`650.938.5200
`
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`SUPERCELL OY,
`
`Petitioner,
`
`V.
`
`GREE, INC.,
`Patent Owner.
`
`Post Grant Review No. PGR2018-00008
`
`Patent 9,597,594 B2
`
`'PETITIONER SUPERCELL OY’ S
`
`NOTICE OF CROSS APPEAL
`
`

`

`PGR2018-00008
`
`Patent No. 9,597,594
`
`Notice is hereby given, pursuant to 35 U.S.C. §§ 141, 142, and 319; 37
`
`C.F.R. §§ 902, 90.3, and 104.2; Rule 4(a)(3) ofthe Federal Rules of Appellate
`
`Procedure; and Rule 15 of the Federal Circuit Rules, that Supercell Oy
`
`(“Petitioner”) hereby .cross appeals to the United States Court of Appeals for the.
`
`Federal Circuit from the Patent Trial and Appeal Board’s Final Written Decision
`
`entered on January 2, 2019 (Paper 42), the Board’s Decision Denying Petitioner’s
`Request for Rehearing (Paper 46), and from all other adverse underlying orders,
`
`decisions, rulings, and opinions.
`
`Patent Owner GREE, Inc., filed a notice of appeal on May 10, 2019. This
`
`cross-appeal is timely under 37 C.F.R. § 90.3 and Fed. R. App. P. 4(a)(3).
`
`For the limited purpose ofproviding the Director of the United States Patent
`
`and- Trademark Office with the information specified in 37 C.F.R. § 90.2(a)(3)(ii),
`the issues on appeal include the Board’s determination that claims that claims 2—7
`
`and 9 have not been shown to be unpatentable under 35 U.S.C. § 101 in view of
`
`the grounds of unpatentability on which trial was instituted (Paper 15) and any
`finding or determination supporting or related to these issues, as well as all other
`
`issues decided adversely to Petitioner in any order, decision, ruling, or opinion.
`A copy ofthis Notice of Cross-Appeal is being filed simultaneously with the
`
`PTAB and the United States Court of Appeals for the Federal Circuit.
`
`

`

`PGR2018-00008
`
`Patent No. 9,597,594
`
`Dated: May 22, 2019
`
`‘
`
`Respectfully submitted;
`
`/Jennifer R. Bush/
`
`JENNIFER R. BUSH
`
`Reg. No. 50,784
`Attorney for Petitioner
`
`

`

`PGR2018-00008
`
`Notice of Appeal
`
`CERTIFICATION OF SERVICE
`
`Pursuant to 37 C.F.R. § 42.6, the undersigned certifies that on May 22, 2019,
`
`I caused a true and correct copy of the foregoing PETITIONER’S NOTICE OF CROSS
`
`APPEAL to be electronically served on Patent Owner’s lead and backup counsel at
`
`the following addresses:
`
`Andrew Rinehart
`John C. Alemanni
`Kilpatrick Townsend & Stockton LLP Kilpatrick Townsend & Stockton LLP
`42088 Six Forks Road, Suite 1400
`1001 West Fourth Street
`Raleigh, NC 27609
`Winston-Salem, NC 2710-2400
`
`jalemanni@kilpatricktownsend.com
`
`arinehart@kilpatricktownsend.com
`
`Steven D. Moore
`Scott E. Kolassa
`Kilpatrick Townsend & Stockton LLP Kilpatrick Townsend & Stockton LLP
`1080 Marsh Road
`Two Embarcadero Center, Suite 1900
`Menlo Park, CA 94025
`San Francisco, CA 9411
`
`skolassa@kilpatficktownsend.com
`
`smoore@kilpatricktownsend.com
`
`Pursuant to 37 CPR. §§ 90.2(a) and 104.2(b), the undersigned hereby _
`
`certifies that on May 22, 2019, the original of the foregoing Petitioner’s Notice of
`
`Cross-Appeal was filed with the Director of the United States Patent and Trademark
`Office by mail, at the following address:
`I
`
`Director of the United States Patent and Trademark Office
`
`c/o Office of the General Counsel
`
`PO. Box 1450
`
`Alexandria, VA 223 13-1450
`
`

`

`PGR2018-00008
`
`Patent No. 9,597,594
`
`Further, pursuant to 37 C.F.R. § 90.2(a)(2) and Federal Circuit Rule 15(a)(1),
`
`the undersigned certifies that on May 22, 2019, any requisite fee and a true and
`
`correct copy of the foregoing Petitioner’s Notice of Cross-Appeal were sent to the
`
`Clerk of Court of the United States Court of Appeals for the Federal Circuit at the
`
`following address:
`
`Clerk of Court
`United States Court of Appeals for the Federal Circuit
`717 Madison Place, N.W., Room 401
`Washington DC 20439.
`
`Dated: May 22, 2019
`
`FENWICK & WEST LLP
`
`/Jennifer R. Bush]
`
`JENNIFER R. BUSH
`
`Reg. No. 50,784
`Attorney for Petitioner
`
`Fenwick & West LLP
`801 California Street
`
`Mountain View, CA 94041
`
`

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