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`CBM2014-00018
`Patent 8,037,158
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`Filed on behalf of Dr. Lakshmi Arunachalam
`By: Dr. Lakshmi Arunachalam, Pro Se
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`222 Stanford Avenue
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`Menlo Park, CA 94025
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`Tel: (650) 690-0995
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`Fax: (650) 854-3393
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`_____________________
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`SAP America, Inc.
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`Petitioner
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`v.
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`Dr. Lakshmi Arunachalam
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`Patent Owner
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`_____________________
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`CASE CBM2014-00018
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`Patent 8,037,158
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`_____________________
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`Before KARL D. EASTHOM, WILLIAM V. SAINDON, and BRIAN J.
`McNAMARA, Administrative Patent Judges.
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`PATENT OWNER DR. LAKSHMI ARUNACHALAM’S NOTICE OF APPEAL
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`CBM2014-00018
`Patent 8,037,158
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`Director of the United States Patent and Trademark Office
`c/o Office of the General Counsel
`Madison Building East, 10B20
`600 Dulany Street
`Alexandria, VA 22314-5793
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`Notice is hereby given, pursuant to 37 C.F.R. § 90.2(a) and § 90.3(b)(1) that
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`Patent Owner (“PO”), Dr. Lakshmi Arunachalam (“Dr. Arunachalam”) hereby
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`timely appeals to the United States Court of Appeals for the Federal Circuit
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`(“CAFC”) from the Decision on Request for Rehearing entered on May 22, 2015
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`(Paper 35), from the Final Written Decision entered on March 6, 2015 (Paper 33),
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`and from all underlying orders, decisions, rulings and opinions, including without
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`limitation the Decision on Institution of Covered Business Method Review (CBM)
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`entered on March 7, 2014 (Paper 14).
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`In accordance with 37 C.F.R. § 90.2(a)(3)(ii), PO further indicates that the
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`issues on appeal include, but are not limited to, the Patent Trial and Appeal Board
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`(“PTAB” or “Board”)'s application and use of the broadest reasonable
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`interpretation standard, claim constructions, determination of unpatentability of
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`claims 9-10 of U.S. Patent No. 8,037,158 (“’158 patent”) under 35 U.S.C. § 101
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`and of claims 4–6 under 35 U.S.C. § 103, determination that the '158 patent is a
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`covered business method patent and is not a technological invention, determination
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`that 35 U.S.C. § 101 is a permissible basis for review, analysis of the alleged prior
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`art references, denial of constitutional rights and due process to PO by the Board,
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`CBM2014-00018
`Patent 8,037,158
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`PTAB Judge’s violation of Canon 2 and conflicts of interest in Petitioner, Third
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`Party Requester and litigants in PO’s cases in the District Courts and at the
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`USPTO, failure by USPTO/PTAB to appoint an impartial tribunal and to remove
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`Judge McNamara for violating U.S. laws and the U.S. Constitution, not limited to
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`denying PO access to filing electronically in the PRPS system in response to PO’s
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`Motion to Recuse Judge McNamara due to his direct stock in Third Party
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`Requester and financial interests in SAP, JPMorgan and other litigants in PO’s
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`cases with regard to the same ‘158 patent and other patents in the same priority
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`chain, failure by the USPTO/PTAB to void ab initio all decisions and orders by
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`Judge McNamara due to the aforementioned financial and other conflicts of
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`interest, his bias in favor of Petitioner and against PO and fraud on the Court and
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`USPTO, failure by USPTO/PTAB to appoint Judges technically competent to
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`conduct a CBM review of the subject patent, PTAB not having technical
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`understanding of the alleged prior art, Lawlor, Computerworld, Electronic
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`Banking, SFCU, SNMP, CORBA1 or CORBA2, PTAB misled by fraud by
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`Petitioner, Petitioner’s Counsel and Petitioner’s expert witness in falsely
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`misleading the PTAB with false technical and other information, inability by the
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`PTAB Judges to discern the falsehood in such false technical and other
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`information, lack of knowledge by the PTAB Judges of the lack of technical
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`capabilities in the art-of-the day in 1995, the priority date of the ‘158 patent
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`CBM2014-00018
`Patent 8,037,158
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`deriving priority from PO’s provisional patent application with S/N 60/006, 634
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`with a priority date of November 13, 1995; failure of the PTAB judges to consider
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`the file histories of the ‘158 and parent patents and provisional application in the
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`priority chain, determination that SAP had standing to institute this proceeding,
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`and any finding or determination supporting or related to those issues, as well as all
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`other issues decided adversely to PO in any orders, decisions, rulings and opinions
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`and the unconstitutionality of the proceedings.
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`PO also hereby appeals the USPTO exceeding its statutory authority through
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`rulemaking, including without limitation by adopting rule 37 C.F.R. § 42.301(a)
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`defining "covered business method" and 37 C.F.R. § 42.300(b) alleging unexpired
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`claims should be given their "broadest reasonable construction."
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`Simultaneous with this submission, a copy of this Notice of Appeal is being
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`filed with the PTAB. In addition, three copies of this Notice of Appeal, along with
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`the required docketing fees, are being filed with the Clerk's Office for the United
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`States Court of Appeals for the Federal Circuit.
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`Date: June 18, 2015
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`Respectfully submitted,
`DR. LAKSHMI ARUNACHALAM
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`222 Stanford Avenue
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`Menlo Park, CA 94025
`Tel/fax: 650.690.0995/650.854.3393
`Email: laks22002@yahoo.com
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`Pro Se Patent Owner
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`4
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`CBM2014-00018
`Patent 8,037,158
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`CERTIFICATE OF FILING
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`I hereby certify that on June 18, 2015, the PTAB authorized the Patent Owner “to
`file and serve her Notice of Appeal by first class mail and e-mail to opposing
`counsel and the Board. Patent Owner must also comply with all other requirements
`for pursuing an appeal” and I certify that the original version of the foregoing,
`PATENT OWNER DR. LAKSHMI ARUNACHALAM’S NOTICE OF APPEAL,
`was filed by via Express Mail through the U.S. Post Office on this 18th day of
`June, 2015, with the Director of the United States Patent and Trademark Office, at
`the following address:
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`Director of the United States Patent and Trademark Office
`c/o Office of the General Counsel
`Madison Building East, I0B20
`600 Dulany Street
`Alexandria, VA 22314-5793
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`CERTIFICATE OF FILING
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`I hereby certify that three (3) true and correct copies of the foregoing, PATENT
`OWNER DR. LAKSHMI ARUNACHALAM’S NOTICE OF APPEAL, along
`with the filing fees, were filed by Express Mail through the U.S. Post Office on
`this 18th day of June, 2015, with the Clerk's Office of the United States Court of
`Appeals for the Federal Circuit, at the following address:
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`United States Court of Appeals for the Federal Circuit
`717 Madison Place, N.W., Suite 401
`Washington, DC 20005
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`CERTIFICATE OF SERVICE
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`I hereby certify that a true and correct copy of the foregoing, PATENT OWNER
`DR. LAKSHMI ARUNACHALAM’S NOTICE OF APPEAL, was served, by
`electronic mail and also by FIRST CLASS U.S. Mail on this 18th day of June,
`2015, on the following counsel for the Petitioner:
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`5
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`CBM2014-00018
`Patent 8,037,158
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`Lori A. Gordon and Michael Q. Lee
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`SAP, America, Inc
`STERNE, KESSLER, GOLDSTEIN
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`Attn: Samir N. Pandya
`& FOX P.L.L.C.
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`Sr. IP Counsel
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`1100 New York Avenue, NW
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`SAP Global Litigation Group
`Washington, DC 20005
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`3999 West Chester Pike
`lgordon-PTAB@skgf.com
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`Newtown Square, PA 19073
`mlee-PTAB@skgf.com
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`610.661.9767
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`Attorneys for Petitioner
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`Samir.pandya@sap.com
`Petitioner’s correspondence address Of record at the USPTO PTAB
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`CERTIFICATE OF SENDING COPY TO PTAB VIA E-MAIL AND U.S.
`FIRST CLASS MAIL
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`I hereby certify that a true and correct copy of the foregoing, PATENT OWNER
`DR. LAKSHMI ARUNACHALAM’S NOTICE OF APPEAL, was sent, by
`electronic mail and via U.S. First Class Mail on this 18th day of June, 2015, to the
`PTAB, as per the PTAB’s request and authorization on June 17, 2015 to Patent
`Owner to do so.
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`Dr. Lakshmi Arunachalam
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`Date: June 18, 2015
`222 Stanford Avenue
`Menlo Park, CA 94025
`650.690.0995
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`/Lakshmi Arunachalam/
`Lakshmi Arunachalam
`Pro Se Patent Owner
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`6
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