Filed on behalf of Proxyconn, Inc.
`By:
`
`Matthew L. Cutler (mcutler@hdp.com)
`
`
`Bryan K. Wheelock (bwheelock@hdp.com)
`
`
`Douglas A. Robinson (drobinson@hdp.com)
`
`
`Greg W. Meyer (gmeyer@hdp.com)
`
`
`Harness, Dickey & Pierce, PLC
`
`
`7700 Bonhomme Ave., Suite 400
`
`
`Clayton, MO 63105
`
`
`Tel: (314) 726-7500
`
`
`Fax: (314) 726-7501
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`_____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`_____________
`
`MICROSOFT CORPORATION
`
`Petitioner
`
`v.
`
`PROXYCONN, INC.
`
`Patent Owner
`
`_____________
`
`Case IPR2012-00026
`Case IPR2013-00109
`Patent 6,757,717 B 1
`_____________
`
`PROXYCONN, INC’S NOTICE OF APPEAL
`
`
`
`
`
`
`
`
`By:
`
`Matthew L. Cutler (mcutler@hdp.com)
`
`
`Bryan K. Wheelock (bwheelock@hdp.com)
`
`
`Douglas A. Robinson (drobinson@hdp.com)
`
`
`Greg W. Meyer (gmeyer@hdp.com)
`
`
`Harness, Dickey & Pierce, PLC
`
`
`7700 Bonhomme Ave., Suite 400
`
`
`Clayton, MO 63105
`
`
`Tel: (314) 726-7500
`
`
`Fax: (314) 726-7501
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`_____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`_____________
`
`MICROSOFT CORPORATION
`
`Petitioner
`
`v.
`
`PROXYCONN, INC.
`
`Patent Owner
`
`_____________
`
`Case IPR2012-00026
`Case IPR2013-00109
`Patent 6,757,717 B 1
`_____________
`
`PROXYCONN, INC’S NOTICE OF APPEAL
`
`
`
`
`
`
`
`
`
`Case No.: IPR2012-00026 & IPR2013-00109
`Patent 6,757,717 B1
`Attorney’s Docket No.: 16502-400002
`
`
`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
`
`Proxyconn Inc. (“Proxyconn”) hereby appeals to the United States Court of
`
`Appeals for the Federal Circuit from the Final Written Decision entered on
`
`February 19, 2014 (Paper 73) (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 December 21, 2012
`
`(Paper 17).
`
`In accordance with 37 C.F.R. § 90.2(a)(3)(ii), Patent Owner Proxyconn
`
`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,
`
`denial of Proxyconn’s discovery into secondary considerations, determination of
`
`unpatentability of claims, 6, 10, 11, and 22 of U.S. Patent No. 6,757,717 (the “‘717
`
`Patent”), under 35 U.S.C. § 102, determination of unpatentability of claim 10 of
`
`the ‘717 patent under 35 U.S.C. §103, denial of Proxyconn’s motion to amend the
`
`claims of the ‘717 Patent including proposed claims 35-36, and any finding or
`
`
`
`2
`
`
`
`Case No.: IPR2012-00026 & IPR2013-00109
`Patent 6,757,717 B1
`Attorney’s Docket No.: 16502-400002
`determination supporting or related to those issues, as well as all other issues
`
`decided adversely to Patent Owner Proxyconn in any orders, decisions, rulings and
`
`opinions.
`
`Simultaneous with this submission, a copy of this Notice of Appeal is being
`
`filed with the Patent Trial and Appeal Board. In addition, this Notice of Appeal,
`
`along with the required docketing fees, is being filed with the Clerk’s Office for
`
`the United States Court of Appeals for the Federal Circuit.
`
`
`
`Dated: April 23, 2014
`
`Respectfully Submitted by:
`
`/Matthew L. Cutler /
`MATTHEW L. CUTLER, Reg. No., 43574
`BRYAN K. WHEELOCK, Reg. No., 31441
`DOUGLAS ROBINSON, Reg. No., 59703
`GREG W. MEYER, Reg. No., 59915
`HARNESS, DICKEY & PIERCE, PLC
`7700 Bonhomme Ave., Suite 400
`St. Louis, MO 63105
`Tel: (314) 726-7500
`Fax: (314) 726-7501
`mcutler@hdp.com
`bwheelock@hdp.com
`drobinson@hdp.com
`gmeyer@hdp.com
`
`Attorneys for Patent Owner, Proxyconn, Inc.
`
`
`
`3
`
`
`
`
`
`
`
`
`
`Case No.: IPR2012-00026 & IPR2013-00109
`Patent 6,757,717 B1
`Attorney’s Docket No.: 16502-400002
`
`
`
`
`
`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 PROXYCONN'S NOTICE
`
`OF APPEAL, was filed by Express Mail (Express Mail Label EV 412030080 US)
`
`on this 23rd day of April, 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, 101320
`600 Dulaney Street
`Alexandria, VA 22314-5793
`
`
`
`CERTIFICATE OF SERVICE
`
`
`
`I hereby certify that a true and correct copy of the foregoing, PATENT
`
`OWNER PROXYCONN'S NOTICE OF APPEAL, was filed electronically on this
`
`23rd day of April, 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
`
`
`
`4
`
`
`
`
`
`
`
`Case No.: IPR2012-00026 & IPR2013-00109
`Patent 6,757,717 B1
`Attorney’s Docket No.: 16502-400002
`
`
`CERTIFICATE OF SERVICE
`
`
`
`I hereby certify that a true and correct copy of the foregoing, PATENT
`
`OWNER PROXYCONN'S NOTICE OF APPEAL, was served, in accordance with
`
`the parties' electronic service agreement, by electronic mail on this 23rd day of
`
`April, 2014, on the following counsel of record for Petitioners Microsoft
`
`Corporation.
`
`John D. Vandenberg
`john.vandenberg@klarquist.com
`Stephen J. Joncus
`stephen.joncus@klarquist.com
`Klarquist Sparkman LLP
`One World Trade Center
`Suite 1600
`121 S.W. Salmon Street
`Portland, Oregon 97204-2988
`Tel.: (503) 595-5300
`Fax: (503) 595-5301
`
`
`Attorneys for Petitioner, Microsoft Corporation
`
`
`
`
`
`
`5
`
` /s/ Matthew L. Cutler
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