`______________
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`J SQUARED, INC. d/b/a UNIVERSITY LOFT COMPANY
`Petitioner
`
`v.
`
`SAUDER MANUFACTURING COMPANY
`Patent Owner
`_______________
`
`Case IPR2015-00958
`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 IPR2015-00958
`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
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`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, 9 and 11 are unpatentable as
`
`obvious from the teachings of Yu, U.S. Patent No. 6,554,353 (Exh. 1002) and
`
`Clark, U.S. Patent No. 4,285,543 (Exh. 1004); and
`
`
`
`2.
`
`The Board erred in finding Patent Owner’s evidence of commercial
`
`success, industry praise, and copying did not show that the invention as defined by
`
`claims 1, 2, 8, 9, and 11 was non-obvious.
`
`
`
`A copy of this Notice of Appeal to the United States Court of Appeals for
`
`the Federal Circuit is being simultaneously filed with the Office of the General
`
`
`
`2
`
`
`
`Patent Owner’s Notice of Cross-Appeal
`Case IPR2015-00958
`U.S. Patent No. 8,585,136
`
`
`
`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 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 required filing fee
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`of $500.00.
`
`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
`
`
`
`Dated: September 9, 2016
`
`
`
`3
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`
`
`
`
`Patent Owner’s Notice of Cross-Appeal
`Case IPR2015-00958
`U.S. Patent No. 8,585,136
`
`
`
`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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`
`
`
`
`
`
`
`
`Christine David
`
`From:
`Sent:
`To:
`Subject:
`
`PTABE2E_System@uspto.gov
`Friday, September 09, 2016 3:30 PM
`Christine David
`Appeal Filed IPR2015-00958
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`PATENT TRIAL AND APPEAL BOARD
`
`Filing Courtesy Notice
`
`
`Please note the following filing:
`
`
`AIA Review Number:
`Filer:
`Filing Date:
`Filing Party:
`Appeal Type:
`Appeal Decision:
`
`Document List
` Paper Name
`
`
`
`
`Type
`
`
`IPR2015-00958
`J Squared, Inc. d/b/a University Loft
`Company
`09/09/2016
`PATENTOWNER
`AIA REVIEW APPEAL
`AWAITING_DECISION
`
`Paper / Exhibit Number Availability
`
`
`
`Questions regarding this receipt should be directed to the Patent Trial and Appeal Board at 571-272-7822.
`This e-mail is computer-generated. Do not reply because this e-mail address is not monitored.
`
`1
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