UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`GARMIN INTERNATIONAL, INC. ET AL.,
`
`Petitioners,
`
`V.
`
`CUOZZO SPEED TECHNOLOGIES LLC,
`
`Patent Owner.
`
`Case IPR2012-00001
`
`Patent 6,778,074
`
`Before JAMESON LEE, MICHAEL P. TIERNEY and JOSIAH C. COCKS,
`Administrative Patent Judges.
`
`PATENT OWNER CUOZZO’S NOTICE OF APPEAL
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`GARMIN INTERNATIONAL, INC. ET AL.,
`
`Petitioners,
`
`V.
`
`CUOZZO SPEED TECHNOLOGIES LLC,
`
`Patent Owner.
`
`Case IPR2012-00001
`
`Patent 6,778,074
`
`Before JAMESON LEE, MICHAEL P. TIERNEY and JOSIAH C. COCKS,
`Administrative Patent Judges.
`
`PATENT OWNER CUOZZO’S NOTICE OF APPEAL
`
`
`
`Case No.: IPR20l2-00001
`
`Patent No: 6,778,074
`
`Attorney’s Docket No.: CUO000 l -IPR
`Page 1
`
`Director of the United States Patent and Trademark Office
`
`c/o Office of the General Counsel
`
`Madison Building East, 10B20
`600 Dulaney Street
`Alexandria, VA 22314-5793
`
`Notice is hereby given, pursuant to 37 C.F.R. § 90.2(a), that Patent Owner
`
`Cuozzo Speed Technologies LLC (“Cuozzo”) hereby appeals to the United States
`
`Court of Appeals for the Federal Circuit from the Final Written Decision entered
`
`on November 13, 2013 (Paper 59) (the “Final Written Decision”), and from all
`
`underlying orders, decisions, rulings and opinions, including without limitation the
`
`Decision to Initiate Trial for Inter Partes Review entered on January 9, 2013
`
`(Paper 15).
`
`In accordance with 37 C.F.R. § 90.2(a)(3)(ii), Patent Owner Cuozzo further
`
`indicates that the issues on appeal include, but are not limited to, the Patent Trial
`
`and Appeal Board’s application and use of the broadest reasonable interpretation
`
`standard, claim construction, institution of inter partes review based on grounds
`
`not raised by Petitioners, determinations of the conception date and reasonable
`
`diligence in the reduction of practice of the inventions recited in claims 10, 14 and
`
`17 of Cuozzo’s U.S. Patent No. 6,778,074 (“‘O74 Patent”), determination of
`
`unpatentability of claims 10, 14 and 17 of the ‘O74 Patent under 35 U.S.C. § 103,
`
`denial of Cuozzo’s motion to amend the claims of the ‘074 Patent, and any finding
`
`
`
`Case No.: IPR2012-00001
`
`Patent No: 6,778,074
`Attorney’ s Docket No.: CUO0001—IPR
`Page 2
`
`or determination supporting or related to those issues, as well as all other issues
`
`decided adversely to Patent Owner Cuozzo in any orders, decisions, rulings and
`
`opinions.
`
`Patent Owner Cuozzo also hereby appeals that the United States Patent and
`
`Trademark Office exceeded its statutory authority under 35 U.S.C. § 314 by
`
`instituting inter partes review as to claims 10 and 14 of the ‘074 Patent on grounds
`
`not raised by Petitioners, and that the United States Patent and Trademark Office
`
`violated 37 C.F.R. § 42.108 by instituting inter partes review as to claims 10 and
`
`14 of the ‘074 Patent on grounds not raised by Petitioners.
`
`Simultaneous with this submission, a copy of this Notice of Appeal is being
`
`filed with the Patent Trial and Appeal Board and the Clerk’s Office for the United
`
`States Court of Appeals for the Federal Circuit.
`
`Respectfully submitted this 8”‘ day of January, 2014.
`/
`
`
`,
`
`
`
`
`.//
`
`
`
`asha, Reg. No. 53,100
`’ohn R.
`Kasha Law LLC
`
`14532 Dufief Mill Rd.
`
`North Potomac, MD 20878
`Telephone: (703) 867-1886
`Facsimile: (301) 340-3022
`E—mail: john.kasha@kashalaw.com
`
`Counselfor Patent Owner
`Cuozzo Speed Technologies LLC
`
`
`
`Case No.: IPR20l2-00001
`
`Patent No: 6,778,074
`
`Attorney’s Docket No.: CUO0001—IPR
`Page 1
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that, in addition to being filed electronically through the
`
`Patent Trial and Appeal Board’s Patent Review Processing System (PRPS), the
`
`original Version of the foregoing, PATENT OWNER CUOZZO’S NOTICE OF
`
`APPEAL, was filed by hand on this 8”‘ day of January, 2014, with 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
`
`Madison Building East, l0B20
`600 Dulaney Street
`Alexandria, VA 22314-5793
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that a true and correct copy of the foregoing, PATENT
`
`OWNER CUOZZO’S NOTICE OF APPEAL, was filed electronically on this 8”‘
`
`day of January, 2014, with the Clerk’s Office of the United States Court of
`
`Appeals for the Federal Circuit:
`
`United States Court of Appeals for the Federal Circuit
`717 Madison Place, N.W., Suite 401
`Washington, DC 20005
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that a true and correct copy of the foregoing, PATENT
`
`OWNER CUOZZO’S NOTICE OF APPEAL, was served, in accordance with the
`
`
`
`Case No.: IPR2012-00001
`
`Patent No: 6,778,074
`Attorney’s Docket No.: CUO000 1 -IPR
`Page 2
`
`parties’ electronic service agreement, by electronic mail on this 8”‘ day of January,
`
`2014, on the following counsel of record for Petitioners Garmin International, Inc.
`
`et al.
`
`Jennifer C. Bailey, Lead Counsel
`Hovey Williams LLP
`10801 Mastin Blvd., Suite 1000
`
`Overland Park, Kansas 66210
`Service E-mail: jcb@hoveywillia1ns.com
`
`Jason R. Mudd, Back-Up Counsel
`ERISE IP, P.A.
`6201 College Blvd., Suite 300
`Overland Park, Kansas 66211
`Service E-mail: Jason.Mudd@,Erise.lP.com
`
`Eric A. Buresh, Back—Up Counsel
`ERISE IP, P.A.
`6201 College Blvd., Suite 300
`Overland Park, Kansas 66211
`Service E-mail: Eric.B’uresh@.EriseIP.com.
`
`
`
`Respectfully submitted,
`/
`R. Kasha, Reg. No. 53,100
`asha Law LLC
`
`
`
`
`
`14532 Dufief Mill Rd.
`
`North Potomac, MD 20878
`Telephone: (703) 867-1886
`Facsimile: (301) 340-3022
`E-mail: john.kasha@kashalaw.com
`
`Counsel for Patent Owner
`Cuozzo Speed Technologies LLC
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
