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`UNITED STATES PATENT AND TRADEMARK OFFICE
`___________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`___________________
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`EMC CORPORATION,
`Petitioner
`
`v.
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`ACTIVIDENTITY, INC.
`Patent Owner, and
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`INTELLECTUAL VENTURES I LLC,
`Exclusive Licensee
`
`___________________
`
`Case IPR2017-00338
`Patent 9,098,685
`___________________
`
`
`EXCLUSIVE LICENSEE’S NOTICE OF APPEAL
`
`
`via PTAB E2E
`Patent Trial and Appeal Board
`
`via Hand Carry
`Director of the United States Patent and Trademark Office
`c/o Office of the General Counsel, 10B20
`Madison Building East
`600 Dulany Street
`Alexandria, VA 22314
`
`via CM/ECF
`United States Court of Appeals for the Federal Circuit
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`IPR2017-00338
`U.S. Pat. No. 9,098,685
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`INTRODUCTION
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`Intellectual Ventures I LLC’s (“Exclusive Licensee”) appeal stems from the
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`Patent Trial and Appeal Board’s Final Written Decision entered on July 2, 2018
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`(Paper 45) (the “Final Written Decision”) in the above-captioned inter partes
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`review of United States Patent No. 9,098,685. This notice is timely filed within 63
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`days of the Final Written Decision. 37 C.F.R. § 90.3(b)(1).
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`EXCLUSIVE LICENSEE’S APPEAL
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`Please take notice that under 35 U.S.C. §§ 141(c), 142, 319; 37 C.F.R. §§
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`90.2(a), 90.3(a), and Federal Rules of Appellate Procedure/Federal Circuit Rule
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`4(3)(a), Exclusive Licensee hereby appeals to the United States Court of Appeals
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`for the Federal Circuit from the Final Written Decision based on the “Decision,
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`Institution of Inter Partes Review” entered on July 3, 2017 (Paper 9) (the
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`“Institution Decision”).
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`EXCLUSIVE LICENSEE’S ISSUES ON APPEAL
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`In accordance with 37 C.F.R. § 90.2(a)(3)(ii), Exclusive Licensee’s issues on
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`appeal include at least: (i) the Board’s finding that claims 1, 3, 5, 7-9, 11, 13, 15,
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`16, and 19 of the ’685 patent are unpatentable as anticipated by Wood; (ii) the
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`Board’s finding that claims 1, 3, 5, 7-9, 11, 13, 15, 16, and 19 of the ’685 patent
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`are unpatentable as obvious over the combination of Wood and Neuman IETF; and
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`(iii) any finding or determination supporting or related to the aforementioned
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`- 1 -
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`IPR2017-00338
`U.S. Pat. No. 9,098,685
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`issues as well as all other issues decided adversely to Exclusive Licensee in any
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`order, decision, ruling, phone conference decision, and/or opinion.
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`Simultaneously with this submission, Exclusive Licensee is filing a true and
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`correct copy of this Notice of Appeal with the Director of the United States Patent
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`and Trademark Office and a true and correct copy of the same, along with the
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`required docketing fee, with the Clerk of the United States Court of Appeals for the
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`Federal Circuit as set forth in the accompanying Certificate of Filing.
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`Respectfully submitted,
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`STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
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` /Byron L. Pickard/
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`Byron L. Pickard, Reg. No. 65,172
`Attorney for Patent Owner
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`Date: August 21, 2018
`1100 New York Avenue, N.W.
`Washington, D.C. 20005
`(202) 371-2600
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`- 2 -
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`IPR2017-00338
`U.S. Pat. No. 9,098,685
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`CERTIFICATE OF FILING
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`The undersigned hereby certifies that, in addition to being electronically
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`filed through PTAB E2E, a true and correct copy of the above-captioned
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`EXCLUSIVE LICENSEE’S NOTICE OF APPEAL is being filed by hand with
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`the Director on August 21, 2018 at the following address:
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`Director of the United States Patent and Trademark Office
`c/o Office of the General Counsel, 10B20
`Madison Building East
`600 Dulany Street
`Alexandria, VA 22314
`
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`The undersigned also hereby certifies that a true and correct copy of the
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`above-captioned EXCLUSIVE LICENSEE’S NOTICE OF APPEAL and the
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`filing fee is being filed via CM/ECF with the Clerk’s Office of the United States
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`Court of Appeals for the Federal Circuit on August 21, 2018.
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`STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
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` /Byron L. Pickard/
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`Byron L. Pickard, Reg. No. 65,172
`Attorney for Patent Owner
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`Date: August 21, 2018
`1100 New York Avenue, N.W.
`Washington, D.C. 20005
`
`(202) 371-2600
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`IPR2017-00338
`U.S. Pat. No. 9,098,685
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`CERTIFICATION OF SERVICE
`The undersigned hereby certifies that the foregoing EXCLUSIVE
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`LICENSEE’S NOTICE OF APPEAL were served electronically via e-mail on
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`August 21, 2018, in their entirety on the following:
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`Peter Dichiara (Lead Counsel)
`Theodoros Konstantakopoulos (Back-up Counsel)
`Thomas A. Brown (Back-up Counsel)
`peter.dichiara@wilmerhale.com
`theodoros.konstantakopoulos@wilmerhale.com
`tom.brown@dell.com
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`STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
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` /Byron L. Pickard/
`
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`Byron L. Pickard, Reg. No. 65,172
`Attorney for Patent Owner
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`Date: August 21, 2018
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`1100 New York Avenue, N.W.
`Washington, D.C. 20005
`(202) 371-2600
`
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`9859882_1.docx
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