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`UNITED STATES PATENT AND TRADEMARK OFFICE
`_________________________
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_________________________
`
`FedEx Corporation,
`Petitioner,
`
`v.
`Intellectual Ventures II LLC,
`Patent Owner.
`_________________________
`
`Case IPR2017-00787
`U.S. Patent No. 7,199,715
`_________________________
`
`PETITIONER’S NOTICE OF APPEAL
`
`

`

`Pursuant to 35 U.S.C. §§ 141(c) and 319 and 37 C.F.R. § 90.2(a), Petitioner
`
`Case IPR2017-00787
`U.S. Patent No. 7,199,715
`
`
`
`hereby provides notice that it appeals to the United States Court of Appeals for the
`
`Federal Circuit from the Final Written Decision entered August 30, 2017, (Paper
`
`29) and from all underlying orders, decisions, rulings, and opinions regarding U.S.
`
`Patent 7,199,715 (“the ’715 patent”) set forth in Inter Partes Review IPR2017-
`
`00787.
`
`In accordance with 37 C.F.R. § 90.2(a)(3)(ii), the issues on appeal include,
`
`but are not limited to:
`
` the Board’s determination that claim 4 of the ’715 patent is not
`
`unpatentable under 35 U.S.C. § 103 over U.S. Patent No. 6,952,645 to
`
`Jones and U.S. Patent No. 8,321,302 to Bauer;
`
` the Board’s claim construction analysis and determinations, including
`
`and without limitation, the Board’s construction of the terms
`
`“associated with,” “products,” and “handled in a supply chain” recited
`
`in claim 4; and
`
` all other issues decided adversely to Petitioner in any order, decision,
`
`ruling or opinion underlying or supporting the Final Written Decision.
`
`Pursuant to 35 U.S.C. § 142 and 37 C.F.R. § 90.2(a), this Notice is being
`
`filed with the Director of the United States Patent and Trademark Office, and a
`
`copy of this Notice is being concurrently filed with the Patent Trial and Appeal
`
`1
`
`

`

`
`Board. In addition, a copy of this Notice and the required docketing fees are being
`
`Case IPR2017-00787
`U.S. Patent No. 7,199,715
`
`filed with the Clerk’s Office for the United States Court of Appeals for the Federal
`
`Circuit via CM/ECF.
`
`Dated: September 12, 2018
`
`By: /Jeffrey A. Berkowitz/
`Jeffrey A. Berkowitz
`Reg. No. 36,743
`
`2
`
`

`

`
`
`
`Case IPR2017-00787
`U.S. Patent No. 7,199,715
`
`CERTIFICATE OF SERVICE AND FILING
`
`I hereby certify that on this 12th day of September, 2018, in addition to being
`
`filed and served electronically through the Board’s E2E System, a true and correct
`
`copy of the foregoing “PETITIONER’S NOTICE OF APPEAL,” was served on
`
`the Director of the United States Patent and Trademark Office, via Express
`
`overnight delivery at the following address:
`
`Office of the General Counsel
`United States Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`I also hereby certify that on this 12th day of September, 2018, a true and
`
`
`
`correct copy of the foregoing “PETITIONER’S NOTICE OF APPEAL,” and
`
`the filing fee, were filed with the Clerk’s Office of the United States Court of
`
`Appeals for the Federal Circuit, via CM/ECF.
`
`I also hereby certify that on this 12th day of September, 2018, a true and
`
`correct copy of the foregoing “PETITIONER’S NOTICE OF APPEAL,” was
`
`served, by electronic mail, upon the following:
`
`
`
`
`
`
`
`
`

`

`Case IPR2017-00787
`U.S. Patent No. 7,199,715
`
`Tim R. Seeley (Reg. No. 53,575)
`tim@intven.com
`
`James R. Hietala (Reg. No. 51,802)
`jhietala@intven.com
`INTELLECTUAL VENTURES
`3150 139th Avenue, SE
`Bellevue, WA 98005
`Tel: (425) 467-2300
`Fax: (425) 467-2350
`
`
`
`Andrew G. Heinz (Reg. No. 59,996)
`aheinz@desmaraisllp.com
`
`Kevin K. McNish (Reg. No. 65,047)
`kkm-ptab@desmaraisllp.com
`
`Alan S. Kellman (Reg. No. 46,822)
`akellman@desmaraisllp.com
`
`Lauren M. Nowierski (pro hac vice)
`lnowierski@desmaraisllp.com
`
`Adam D. Steinmetz (Reg. No. 65,555)
`asteinmetz@desmaraisllp.com
`DESMARAIS LLP
`230 Park Avenue
`New York, NY 10169
`Tel: (212) 351-3400
`Fax: (212) 351-3401
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`/Mark A. Rosenberger/
`Mark A. Rosenberger
`Case Manager
`
`FINNEGAN, HENDERSON, FARABOW,
`GARRETT & DUNNER, L.L.P.
`
`
`
`
`
`

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