`
`Case IPR 2013—00150
`
`US. Patent No. 7,093,086
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`VEEAM SOFTWARE CORPORATION
`
`Petitioner
`
`V.
`
`SYMANTEC CORPORATION
`
`Patent Owner
`
`Case IPR2013—00150
`
`US. Patent No. 7,093,086
`
`PATENT OWNER'S NOTICE OF APPEAL
`
`
`
`Case IPR 2013—00150
`
`U.S. Patent No. 7,093,086
`
`Patent Owner Symantec Corporation (“Symantec”) hereby gives notice,
`
`pursuant to 35 U.S.C. § 142 and 37 C.F.R. § 90.2(a), of its appeal to the United
`
`States Court of Appeals for the Federal Circuit from the Final Written Decision of
`
`the Patent Trial and Appeal Board (“the Board”), entered on July 29, 2014 (Paper
`
`54), and from all orders, decisions, rulings, and opinions underlying the Final
`
`Written Decision.
`
`In accordance with 37 CPR. § 90.2(a)(3)(ii), Symantec anticipates that the
`
`issues on appeal may include the following:
`
`1.
`
`Whether the Board erred in determining that claims 1, 11, 12 and 22
`
`of U.S. Patent No. 7,093,086 (the “086 Patent”) are unpatentable under 35 U.S.C. §
`
`102.
`
`2.
`
`Whether the Board erred in determining that claims 11 and 22 of the
`
`‘086 Patent are unpatentable under 35 U.S.C. § 103.
`
`3.
`
`Whether the Board erred in denying Symantec’s motion to amend the
`
`claims of the ‘086 Patent.
`
`4.
`
`Whether the claim constructions adopted by the Board were correct.
`
`Symantec reserves the right
`
`to challenge any finding or determination
`
`supporting or related to the issues listed above and to challenge any other issues
`
`decided adversely to Symantec in any orders, decisions, rulings, or opinions
`
`underlying the Final Written Decision.
`
`
`
`Case IPR 2013—00150
`
`US. Patent No. 7,093,086
`
`Copies of Symantec’s Notice of Appeal are being filed simultaneously with
`
`the Director of the United Stated Patent and Trademark Office, the Patent Trial and
`
`Appeal Board, and the Clerk of the United States Court of Appeals for the Federal
`
`Circuit.
`
`Date: September 29, 2014
`
`
`
`1290 Avenue of the Americas
`
`, New York, NY 10104
`General Tel: (212) 541—2000
`Direct Tel: (212) 541—1092
`Fax: ‘ (212) 541—4630
`Email: joe.richetti@bryancave.com
`
`’ Attorneyfor Patent Owner — Symantec
`Corporation
`
`
`
`Case IPR 2013-00150
`
`US. Patent No. 7,093,086
`
`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies
`
`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’S NOTICE OF APPEAL was filed by Express Mail (Express Mail Label
`
`No. EK 228770287 US) on September 29, 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
`
`United States Patent and Trademark Office
`
`PO. Box 1450
`
`Alexandria, VA 22313—1450
`
`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies that a true and correct copy of the
`
`foregoing PATENT OWNER’S NOTICE OF APPEAL was filed on September 29,
`
`2014, with the Clerk's Office of the United States Court of Appeals for the Federal
`
`Circuit at the following address:
`
`United States Court of Appeals for the Federal Circuit
`
`717 Madison Place, N.W., Room 401
`
`Washington, DC 20439
`
`
`
`Case IPR 2013-00150
`
`US. Patent No. 7,093,086
`
`CERTIFICATE OF SERVICE ’
`
`The undersigned hereby certifies that the foregoing PATENT OWNER’S
`
`NOTICE OF APPEAL, was served electronically Via e-mail on September 29,
`
`2014, in its entirety on the following:
`
`Lori A. Gordon
`lgordon—PTAB@skgf.com
`Michael Q. Lee
`mlee—PTAB@skgf.com
`Byron L. Pickard
`bQickard—PTABngkgfcom
`Daniel S. Block
`
`dblock—PTAB@skgf.com
`
`STERNE, KESSLER, GOLDSTEIN
`& FOX P.L.L.C
`1 100 New York Avenue, NW.
`Washington, DC. 20005-3932
`
`
`
`BRYAN CAVE LLP
`
`1290 Avenue of the Americas
`
`New York, NY 10104
`
`General Tel: (212) 541—2000
`Direct Tel: (212) 541-1092
`Fax: (212) 541-4630
`Email: joe.richetti@bryancave.com
`
`Attorneyfor Patent Owner — Symantec
`Corporation
`
`Date: September 29, 2014
`
`
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