`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`SHOPIFY, INC., PRICELINE.COM LLC, and BOOKING.COM B.V.,1
`Petitioner,
`
`v.
`
`DDR HOLDINGS, LLC,
`Patent Owner.
`
`
`Case IPR2018-01011
`Patent 9,639,876
`
`
`
`PATENT OWNER’S NOTICE OF APPEAL
`
`
`
`1 Pursuant to order in IPR2019-00438, Priceline.com LLC and Booking.com B.V.
`have been joined as parties to this IPR proceeding.
`
`
`
`Page 1
`
`
`Case No. IPR2018-01011
`
`Patent 9,639,876
`
`Pursuant to 35 U.S.C. §§ 141(b) and 142 and 37 C.F.R. § 90.2(a), Patent
`
`Owner DDR Holdings, LLC appeals to the United States Court of Appeals for the
`
`Federal Circuit from the Decision Granting Petitioner’s Request on Rehearing,
`
`entered on October 26, 2020, and the Final Written Decision dated February 14,
`
`2020, that the Rehearing Decision modified, determining that any claims of the
`
`above-captioned patent were unpatentable under 35 U.S.C. § 103, and from all
`
`issues decided adversely to Patent Owner in any order, decision, ruling, and
`
`opinion during this inter partes reexamination. The issues on appeal include the
`
`Board’s findings that claims 1-3, 5, 7, 8, 11-13, 15, 17, and 18 are obviated by six
`
`different printed publications describing a Digital River system and Digital River
`
`websites, referred to collectively as “the Digital River Publications,” and all
`
`underlying, supporting, or related findings, orders, decisions, rulings, and opinions.
`
`This Notice of Appeal is being: (1) directed to the Director of the United
`
`States Patent and Trademark Office; (2) filed with the Clerk’s Office of the U.S.
`
`Court of Appeals for the Federal Circuit; and (3) served on counsel for Petitioner.
`
`Dated: November 19, 2020
`
`Respectfully submitted,
`/Louis J. Hoffman/
`Louis J. Hoffman
`Reg. No. 38,918
`LOUIS J. HOFFMAN, P.C.
`7689 East Paradise Lane, Suite 2
`Scottsdale, Arizona 85260
`Telephone: (480) 948-3295
`Email: Louis@valuablepatents.com
`
`
`
`Page 2
`
`
`
`
`
`Case No. IPR2018-01011
`Patent 9,639,876
`Lead Counsel for Patent Owner
`
`Ian B. Crosby
`SUSMAN GODFREY L.L.P.
`1201 Third Avenue
`Suite 3800
`Seattle, WA 98101-3000
`Telephone: (206) 516-3880
`Email: icrosby@susmangodfrey.com
`Back-up Counsel for Patent Owner
`
`CERTIFICATE OF FILING
`
`
`
`I hereby certify that, on November 19, 2020, (1) this Patent Owner’s Notice
`
`of Appeal is being filed electronically through the Patent Trial and Appeal Board’s
`
`E2E system, and (2) the original version of this Patent Owner’s Notice of Appeal is
`
`being sent via by Priority Mail Express® under 37 CFR § 1.10, mailing label
`
`number EJ283546083US, with the Director of the United States Patent and
`
`Trademark Office, addressed to:
`
`Office of the General Counsel
`United States Patent and Trademark Office
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`CERTIFICATE OF FILING
`
`
`
`I hereby certify that, on November 19, 2020, a true and correct copy of this
`
`Patent Owner’s Notice of Appeal is being filed with the Clerk’s Office of the U.S.
`
`Court of Appeals for the Federal Circuit, via the CM/ECF system, and is
`
`accompanied with the docket fee.
`
`
`
`Page 3
`
`
`Case No. IPR2018-01011
`
`Patent 9,639,876
`
`CERTIFICATE OF SERVICE (37 C.F.R. § 42.6(e)(1))
`
`I hereby certify that, on November 19, 2020, a true and correct copy of this
`
`Patent Owner’s Notice of Appeal is being served via electronic mail on the
`
`following counsel of record for Petitioner (counsel have consented in writing to
`
`service by this electronic means):
`
`
`
`
`
`Michael McNamara (Reg. No. 52,017)
`William A. Meunier (Reg. No. 41,193)
`Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, PC
`One Financial Center
`Boston, MA 02111
`DDR_IPR_Service@mintz.com
`
`Nathan J. Rees (Reg. No. 63,820)
`NORTON ROSE FULBRIGHT US LLP
`2200 Ross Avenue, Suite 3600
`Dallas, Texas 75201-7932
`DDR_IPR_Service@nortonrosefulbright.com
`
`
` /s/Louis J. Hoffman/
`Louis J. Hoffman, Reg. No. 38,918
`LOUIS J. HOFFMAN, P.C.
`7689 East Paradise Lane, Suite 2
`Scottsdale, Arizona 85260
`(480) 948-3295
`Louis@valuablepatents.com
`Lead Counsel for Patent Owner
`
`
`
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