Surgical, Inc. hereby appeals to the United States Court of Appeals for the Federal Circuit from the adverse rulings contained within the Patent Trial and Appeal Board’s (“Board”) Final Written Decision entered on March 26, 2021 (Paper 35), and from all other underlying orders, decisions, rulings and opinions that are adverse to Petitioner, including, without limitation, those within the Decision on Institution of Inter Partes Review entered on April 29, 2020 (Paper 9).
In accordance with 37 C.F.R. § 90.2(a)(3)(ii), Petitioner indicates that the issues on appeal include, but are not limited to, the following: (1) whether Board erred in finding that Petitioner failed to meet its burden to establish that claims 6–8, 19, and 21 were unpatentable under 35 U.S.C. § 103 over US Pat. No. 4,605,001 to Rothfuss, US Pat. No. 5,645,209 to Green, and US Pat. No. 5,465,895 to Knodel; (2) whether Board erred in finding that Petitioner failed to meet its burden to establish that claims 6–8, 19, and 21 were unpatentable under 35 U.S.C. § 103 over US Pat. No. 5,868,760 to McGuckin and US Pat. No. 4,429,695 to Green; (3) the Board’s claim constructions or failure to construe any terms; and (4) any findings or determinations supporting or related to the aforementioned issues as well as other issues decided adversely to Petitioner in any orders, decisions, rulings, or opinions.
Proceeding No. IPR2020-00152 Attorney Docket No. 11030-0060IP1 Simultaneous with this submission, a copy of the Notice of Appeal is being
filed electronically with the Patent Trial and Appeal Board.
In addition, a copy of this Notice of Appeal, along with the required docketing fees, are being electronically filed with the Clerk’s Office for the United States Court of Appeals for the Federal Circuit.