`______________
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`J SQUARED, INC. d/b/a UNIVERSITY LOFT COMPANY
`Petitioner
`
`v.
`
`SAUDER MANUFACTURING COMPANY
`Patent Owner
`_______________
`
`Case IPR2015-00774
`Patent No. 8,585,136
`
`CHAIR WITH COUPLING
`COMPANION STOOL BASE
`_______________
`
`
`
`
`PATENT OWNER’S NOTICE OF CROSS-APPEAL TO THE U.S. COURT
`OF APPEALS FOR THE FEDERAL CIRCUIT
`
`
`
`
`
`
`
`
`
`
`
`Patent Owner’s Notice of Cross-Appeal
`Case IPR2015-00774
`U.S. Patent No. 8,585,136
`
`
`
`
`
`Notice is hereby given, pursuant to 37 C.F.R. § 90.2(a), that Patent Owner,
`
`Sauder Manufacturing Company, hereby cross-appeals to the United States Court
`
`of Appeals for the Federal Circuit from the Final Written Decision entered on June
`
`27, 2016 (Paper No. 35), and from all underlying orders, decisions, rulings and
`
`opinions regarding claims 1, 2 and 4-14 of U.S. Patent No. 8,585,136 (“the ‘136
`
`Patent”).
`
`
`
`In accordance with 37 C.F.R. § 90.2(a)(3)(ii), Patent Owner further indicates
`
`that the issues on cross-appeal may include the following, as well as any and all
`
`underlying findings and determinations (including claim constructions), rulings,
`
`decisions, opinions, and other related issues:
`
`
`
`1.
`
`The Board erred in finding that Petitioner J Squared has shown by a
`
`preponderance of the evidence that claims 1, 2, 8 and 10 are anticipated by
`
`Mackey, U.S. Patent No. 794,461 (Exh. 1003);
`
`
`
`2.
`
`The Board erred in finding that Petitioner J Squared showed by a
`
`preponderance of the evidence that claims 1, 2, 6-8, 10 and 11 were unpatentable
`
`as obvious from Pollack II, U.S. Patent No. 2,689,598 (Exh. 1005) and Pollack I,
`
`U.S. Patent No. 2,644,506 (Exh. 1006); and
`
`
`
`2
`
`
`
`Patent Owner’s Notice of Cross-Appeal
`Case IPR2015-00774
`U.S. Patent No. 8,585,136
`
`
`
`
`
`3.
`
`The Board erred in finding that Patent Owner’s evidence of
`
`commercial success, industry praise, and copying did not show that the invention
`
`as defined by at least claims 1, 2, 6-8, 10 and 11 was non-obvious.
`
`
`
`A copy of this Notice of Cross-Appeal to the United States Court of Appeals
`
`for the Federal Circuit is being simultaneously filed with the Office of the General
`
`Counsel for the U.S. Patent and Trademark Office via U.S. First-Class Mail to 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
`Madison Building East, 10B20
`600 Dulany Street
`Alexandria, VA 22314
`
`Additionally, a copy of this Notice of the Cross-Appeal to the United States
`
`
`
`Court of the Appeals for the Federal Circuit is being simultaneously filed
`
`electronically with the Clerk’s Office for the United States Court of Appeals for
`
`the Federal Circuit via the CM/ECF Document Filing System along with the
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`required filing fee of $500.00.
`
`3
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Dated: September 9, 2016
`
`Patent Owner’s Notice of Cross-Appeal
`Case IPR2015-00774
`U.S. Patent No. 8,585,136
`
`
`Respectfully submitted,
`
`YOUNG BASILE HANLON & MACFARLANE PC
`
`/s/Thomas N. Young
`THOMAS N. YOUNG
`Registration No. 20985
`Attorney for Patent Owner
`Young Basile Hanlon & MacFarlane P.C.
`3001 W. Big Beaver Rd. Suite 624
` Troy, MI 48084
`(248) 649-3333
`
`USPTO Customer No. 48980
`
`
`
`
`
`CERTIFICATE OF SERVICE
`
`Pursuant to 37 C.F.R. § 42.6(e)(4), the undersigned certifies service of
`
`PATENT OWNER’S NOTICE OF CROSS-APPEAL TO THE U.S. COURT OF
`APPEALS FOR THE FEDERAL CIRCUIT on the counsel of record for the
`Petitioner by filing this document through the PTAB E2E System as well as
`delivering a copy via electronic mail to the following addresses:
`
`
`
`bahret@bahretlaw.com
`CPdocketMcKeown@oblon.com
`SRost@taftlaw.com
`
`
`
`
`
`
`
`
`
`
`
`/s/Thomas N. Young
`
`
`
`4
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