Director of the United States Patent and Trademark Office c/o Office of the General Counsel Madison Building East, 10B20 600 Dulaney Street Alexandria, VA 22314-5793 Notice is hereby given, pursuant to 37 C.F.R. § 90.2(a), that Patent Owner Proxyconn Inc. (“Proxyconn”) hereby appeals to the United States Court of Appeals for the Federal Circuit from the Final Written Decision entered on February 19, 2014 (Paper 73) (the “Final Written Decision”), and from all underlying orders, decisions, rulings and opinions, including without limitation the Decision to Initiate Trial for Inter Partes Review entered on December 21, 2012 (Paper 17).
In accordance with 37 C.F.R. § 90.2(a)(3)(ii), Patent Owner Proxyconn further indicates that the issues on appeal include, but are not limited to, the Patent Trial and Appeal Board's application and use of the broadest reasonable interpretation standard, claim construction, institution of Inter Partes review, denial of Proxyconn’s discovery into secondary considerations, determination of unpatentability of claims, 6, 10, 11, and 22 of U.S. Patent No. 6,757,717 (the “‘717 Patent”), under 35 U.S.C. § 102, determination of unpatentability of claim 10 of the ‘717 patent under 35 U.S.C. §103, denial of Proxyconn’s motion to amend the claims of the ‘717 Patent including proposed claims 35-36, and any finding or Case No.: IPR2012-00026 & IPR2013-00109 Patent 6,757,717 B1 Attorney’s Docket No.: 16502-400002 determination supporting or related to those issues, as well as all other issues decided adversely to Patent Owner Proxyconn in any orders, decisions, rulings and opinions.
Simultaneous with this submission, a copy of this Notice of Appeal is being filed with the Patent Trial and Appeal Board.
In addition, this Notice of Appeal, along with the required docketing fees, is being filed with the Clerk’s Office for the United States Court of Appeals for the Federal Circuit.
Dated: April 23, 2014 Respectfully Submitted by: /Matthew L. Cutler / MATTHEW L. CUTLER, Reg. No., 43574 BRYAN K. WHEELOCK, Reg. No., 31441 DOUGLAS ROBINSON, Reg. No., 59703 GREG W. MEYER, Reg. No., 59915