`MIDDLE DISTRICT OF NORTH CAROLINA
`
`
`
`
`
`
`
`
`
`
`Civil Action No. 1:17-cv-
`
`00687
`
`
`
`
`
`
`OptoLum, Inc.,
`
`
`Plaintiff,
`
`vs.
`
`Cree, Inc.,
`
`
`
`Defendant.
`
`
`
`PLAINTIFF OPTOLUM, INC.’S NOTICE OF APPEAL
`
`
`Notice is hereby given that the Plaintiff OptoLum,
`
`Inc., (“OptoLum”) appeals to the United States Court of
`Appeals for the Federal Circuit from the Final Judgment
`entered in this action on January 31, 2022 (Dkt. No. 367),
`and from any and all orders, rulings, and findings that
`were adverse to Plaintiff, including but not limited to the
`Claim Construction Memorandum and Opinion and Order dated
`August 22, 2018 (Dkt. No. 152); the Omnibus Order on
`Daubert Motions and Motions in Limine, including but not
`limited to the ruling excluding testimony of OptoLum’s
`expert, William B. Scally, dated October 24, 2021 (Dkt. No.
`315); and the Oral Order dated November 9, 2021 granting
`1
`
`
`
`
`Case 1:17-cv-00687-WO-JLW Document 370 Filed 03/02/22 Page 1 of 2
`
`
`
`Defendant’s Motion for Judgment as a Matter of Law
`regarding Prosecution History Estoppel.
`
`
`Dated: March 2, 2022
`
`
`Respectfully submitted,
`
`By: /s/ Leah R. McCoy
`Leigh J. Martinson
`Leah R. McCoy
`Gregory A. Hall
`MCCARTER & ENGLISH, LLP
`265 Franklin Street
`Boston, MA 02110
`Telephone: (617) 449-6593
`Facsimile: (617) 607-9200
`Email: lmccoy@mccarter.com
`
`/s/ Jacob S. Wharton
`Jacob S. Wharton
`NC State Bar No. 37421
`WOMBLE BOND DICKINSON (US) LLP
`One West 4th Street
`Winston-Salem, NC 27101
`Telephone: (336) 747-6609
`Facsimile: (336) 726-6985
`Email: jacob.wharton@wbd-us.com
`
`Attorneys for Plaintiff OptoLum,
`Inc.
`
`
`
`
`2
`
`
`
`
`
`
`
`
`
`WBD (US) 55760343
`
`Case 1:17-cv-00687-WO-JLW Document 370 Filed 03/02/22 Page 2 of 2
`
`
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
