Filed: October 30, 2019
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`______________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`______________________
`
`INTEL CORPORATION, CAVIUM, LLC, and DELL INC.,1
`Petitioner
`v.
`ALACRITECH, INC.,
`Patent Owner
`______________________
`Case IPR2018-00234
`U.S. Patent No. 8,805,948
`______________________
`PETITIONER INTEL CORPORATION’S NOTICE OF APPEAL
`
`
`
`
`
`
`
`1 Cavium, LLC (formerly Cavium, Inc.) which filed a Petition in Case IPR2018-
`
`00403, and Dell Inc., which filed a Petition in Case IPR2018-01307, have been
`
`joined as petitioners in this proceeding.
`
`
`
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`______________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`______________________
`
`INTEL CORPORATION, CAVIUM, LLC, and DELL INC.,1
`Petitioner
`v.
`ALACRITECH, INC.,
`Patent Owner
`______________________
`Case IPR2018-00234
`U.S. Patent No. 8,805,948
`______________________
`PETITIONER INTEL CORPORATION’S NOTICE OF APPEAL
`
`
`
`
`
`
`
`1 Cavium, LLC (formerly Cavium, Inc.) which filed a Petition in Case IPR2018-
`
`00403, and Dell Inc., which filed a Petition in Case IPR2018-01307, have been
`
`joined as petitioners in this proceeding.
`
`
`
`
`
`IPR2018-00234
`U.S. PATENT NO. 8,805,948
`
`
`
`
`Pursuant to 35 U.S.C. § 142 and in accordance with 37 C.F.R. § 90.2, Intel
`
`Corporation (“Intel”) hereby provides notice that it appeals to the United States
`
`Court of Appeals for the Federal Circuit from the Board’s Order Dismissing the
`
`Petition, Vacating Institution of Inter Partes Review, and Terminating Inter Partes
`
`Review (“Order”) entered on June 4, 2019 (Paper 66). Please note that the Order in
`
`this matter has been sealed to the public, and currently only the Parties and Board
`
`have access to it. Therefore, it is not attached to this Notice.
`
`Decisions under 35 U.S.C. § 315(b) are reviewable under Wi-Fi One, LLC v.
`
`Broadcom Corp., 878 F.3d 1364, 1367 (Fed. Cir. 2018) (en banc) (“We therefore
`
`hold that the time-bar determinations under § 315(b) are appealable.”).
`
`For the limited purpose of providing the Director of the United States Patent
`
`and Trademark Office with the information requested under 37 C.F.R. §
`
`90.2(a)(3)(ii), Intel expects that the issues on appeal may include the following,
`
`along with any underlying findings, determinations, rulings, opinions, orders,
`
`decisions, or other related issues:
`
`•
`
`The Board’s determination that Intel’s IPR Petition is time-barred
`
`under 35 U.S.C. § 315(b);
`
`•
`
`The Board’s determination that Dell Inc. (“Dell”) is a real party in
`
`interest; and
`
`
`
`IPR2018-00234
`U.S. PATENT NO. 8,805,948
`The Board’s determination that Intel and Dell are privies.
`
`•
`
`Intel reserves the right to challenge any finding or determination supporting
`
`or relating to the issues listed above. Intel also reserves the right to challenge any
`
`other issues decided against Intel in any order, decision, ruling, or opinion by the
`
`Board in the above-captioned proceeding.
`
`Pursuant to 35 U.S.C. § 142 and 37 C.F.R. §§ 90.2(a), 90.3(a), and 90.3(b)(1),
`
`this Notice is being timely filed with the Director of the United States Patent and
`
`Trademark Office within 63 days of the Board’s Decision Granting in Part and
`
`Denying in Part Petitioner’s Request for Rehearing (Paper 71), and a copy of this
`
`Notice is being concurrently filed with the Patent Trial and Appeal Board. In
`
`addition, a copy of this Notice is being filed with the Clerk of the United States Court
`
`of Appeals for the Federal Circuit, along with an electronic copy of the Notice and
`
`the required docketing fee, which are being served electronically on the Court by
`
`CM/ECF and pay.gov.
`
`
`Dated: October 30, 2019
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Respectfully Submitted,
`
`
`/s/ Garland T. Stephens
`Garland T. Stephens, Reg. No. 37,242
`Melissa L. Hotze, Reg. No. 55,279
`Justin L. Constant, Reg. No. 66,883
`Weil, Gotshal & Manges LLP
`700 Louisiana, Suite 1700
`Houston, TX 77002
`Tel: (713) 546-5000
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`IPR2018-00234
`U.S. PATENT NO. 8,805,948
`Fax: (713) 224-9511
`garland.stephens@weil.com
`melissa.hotze@weil.com
`justin.constant@weil.com
`
`Anne M. Cappella, Reg. No. 43,217
`Adrian Percer, Reg. No. 46,986
`Amanda Branch (pro hac vice)
`Weil, Gotshal & Manges LLP
`201 Redwood Shores Parkway
`Redwood Shores, CA 94065
`Tel: (650) 802-3000
`Fax: (650) 802-3100
`anne.cappella@weil.com
`adrian.percer@weil.com
`
`William S. Ansley, Reg. No. 67,828
`Weil, Gotshal & Manges LLP
`2001 M Street, N.W, Suite 600
`Washington, DC 20036
`Tel: (202) 682-7000
`Fax: (202) 857-0940
`sutton.ansley@weil.com
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Attorneys for Petitioner Intel
`Corporation
`
`
`
`
`
`
`
`IPR2018-00234
`U.S. PATENT NO. 8,805,948
`CERTIFICATE OF FILING
`
`The undersigned hereby certifies that, in addition to being electronically
`
`
`
`filed through PTAB E2E, a true and correct copy of the above-captioned
`
`PETITIONER INTEL CORPORATION’S NOTICE OF APPEAL is being sent via
`
`priority mail on October 30, 2019, to the Director of the United States Patent and
`
`Trademark Office, at the following address:
`
`Director of the United States Patent and Trademark Office
`c/o Office of the General Counsel, 10B20
`Madison Building East
`600 Dulany Street
`Alexandria, VA 22314
`
`The undersigned also hereby certifies that a true and correct copy of the
`
`
`
`above-captioned PETITIONER INTEL CORPORATION’S NOTICE OF
`
`APPEAL and the filing fee is being filed via CM/ECF with the Clerk’s Office of
`
`the United States Court of Appeals for the Federal Circuit on October 30, 2019.
`
`Date: October 30, 2019
`
`
`
`
`
`
`
`
`
`
`/s/ Garland T. Stephens
` Garland T. Stephens
` Reg. No. 37,242
`
`
`
`
`
`IPR2018-00234
`U.S. PATENT NO. 8,805,948
`CERTIFICATE OF SERVICE
`I hereby certify that on October 30, 2019, a copy of PETITIONER INTEL
`
`CORPORATION’S NOTICE OF APPEAL was served by filing this document
`
`through the PTAB’s E2E Processing System as well as delivering a copy via
`
`electronic mail upon the following counsel of record:
`
`alacritech-ipr-team@quinnemanuel.com
`
`James M. Glass
`Registration No. 46,729
`Quinn Emanuel Urquhart & Sullivan LLP
`51 Madison Ave., 22nd Fl.
`New York, NY 10010
`Tel.: (212) 849-7000
`Email: jimglass@quinnemanuel.com
`
`Joseph M. Paunovich
`Registration No. 59,033
`Quinn Emanuel Urquhart & Sullivan LLP
`865 S. Figueroa Street, 10th Fl.
`Los Angeles, CA 90017
`Tel.: (213) 443-3000
`Email: joepaunovich@quinnemanuel.com
`
`
`Brian E. Mack
`Registration No. 57,189
`Quinn Emanuel Urquhart & Sullivan LLP
`50 California Street, 22nd Fl.
`San Francisco, CA 94111
`Tel.: (415) 875-6600
`Email: brianmack@quinnemanuel.com
`
`
`
`
`
`
`
`
`IPR2018-00234
`U.S. PATENT NO. 8,805,948
`
`
`
`Mark Lauer
`Registration No. 36,578
`Silicon Edge Law Group LLP
`7901 Stoneridge Dr., Ste. 528
`Pleasanton, CA 94588
`Tel.: (925) 621-2121
`Email: mark@siliconedgelaw.com
`
`Attorneys for Patent Owner Alacritech, Inc.
`
`Karineh Khachatourian
`Rimon Law
`2479 E Bayshore Road, Suite 210
`Palo Alto, CA 94303
`Tel: (650) 461-4433
`Email: karinehk@rimonlaw.com
`
`David Xue
`Rimon Law
`2479 E Bayshore Road, Suite 210
`Palo Alto, CA 94303
`Tel: (650) 461-4433
`Email: david.xue@rimonlaw.com
`
`Attorneys for Petitioner Cavium, LLC
`
`Christopher Douglas
`Alston & Bird
`Bank of America Plaza
`101 South Tryon Street, Suite 4000
`Charlotte, NC 28280
`Tel: (704) 444-1119
`Email: christopher.douglas@alston.com
`
`Kirk Bradley
`Alston & Bird
`Bank of America Plaza
`101 South Tryon Street, Suite 4000
`
`
`
`IPR2018-00234
`U.S. PATENT NO. 8,805,948
`
`Charlotte, NC 28280
`Tel: (704) 444-1030
`Email: kirk.bradley@alston.com
`
`Attorneys for Petitioner for Dell Inc.
`
`Dated: October 30, 2019
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`/s/ Garland T. Stephens
`Garland T. Stephens
`Reg. No. 37,242
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
