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`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_____________________
`
`TWITTER, INC.,
`Petitioner
`
`v.
`
`VIDSTREAM LLC,
`Patent Owner
`_____________________
`
`Case IPR2017-01131
`Patent No. 8,464,304 B2
`_____________________
`
`PETITIONER’S NOTICE OF APPEAL
`
`via E2E
`Patent Trial and Appeal Board
`
`via Hand Delivery
`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
`
`
`
`
`
`

`

`
`
`
`Case No. IPR2017-01131
`
`Petitioner’s Notice of Appeal
`
`Pursuant to 35 U.S.C. §§ 141-44 and 319, and 37 C.F.R. § 90.2-90.3, notice
`
`is hereby given that Petitioner Twitter, Inc. (“Petitioner”) appeals to the United
`
`States Court of Appeals for the Federal Circuit from the Final Written Decision
`
`entered January 23, 2019 (Paper 71) in IPR2017-01131, and all prior and
`
`interlocutory rulings related thereto or subsumed therein.
`
`In accordance with 37 C.F.R. § 90.2(a)(3)(ii), Twitter, Inc.’s issues on
`
`appeal include at least:
`
`(i) the Board erred in finding that claims 1, 4, 5, 8, 9, 11-17, 19-26 and 28-
`
`30 of U.S. Patent No. 8,464,304 B2 were not shown to be unpatentable; and
`
`(ii) any findings or determinations supporting or related to the
`
`aforementioned issues as well as all other issues decided adversely to Twitter, Inc.
`
`in any orders, decisions, rulings, phone conference decisions, and/or opinions.
`
`Pursuant to 37 C.F.R. § 90.3, this Notice of Appeal is timely filed within 63
`
`days of the Final Written Decision dated January 23, 2019.
`
`Simultaneously with this submission, Twitter, Inc. is filing a true and correct
`
`copy of this Notice of Appeal with the Director of the United States Patent and
`
`Trademark Office and a true and correct copy of the same, along with the required
`
`docketing fee, with the Clerk of the United States Court of Appeals for the Federal
`
`Circuit as set forth in the accompanying Certificate of Filing.
`
`
`
`2
`
`

`

`
`
`
`
`
`
`Case No. IPR2017-01131
`Petitioner’s Notice of Appeal
`Respectfully submitted,
`
`Dated: March 25, 2019
`
`
`
`
`
`
`
`/David L. McCombs/
`David L. McCombs
`Reg. No. 32,271
`
`
`
`
`
`
`
`3
`
`

`

`
`
`
`Case No. IPR2017-01131
`
`Petitioner’s Notice of Appeal
`
`CERTIFICATE OF FILING
`
`The undersigned hereby certifies that, in addition to being electronically
`
`filed through PTAB E2E, a true and correct copy of the above-captioned
`
`PETITIONER’S NOTICE OF APPEAL is being filed by hand with the Director on
`
`March 25, 2019, at the following address:
`
`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
`The undersigned also hereby certifies that a true and correct copy of the
`
`above-captioned PETITIONER’S NOTICE OF APPEAL and the filing fee is
`
`being filed via CM/ECF with the Clerk’s Office of the United States Court of
`
`Appeals for the Federal Circuit on March 25, 2019.
`
`Dated: March 25, 2019
`
`
`
`
`
`
`
`
`
`
`
`Respectfully submitted,
`
`
`
`/David L. McCombs/
`David L. McCombs
`Reg. No. 32,271
`Attorney for Petitioner
`
`4
`
`

`

`
`
`
`Case No. IPR2017-01131
`
`Petitioner’s Notice of Appeal
`
`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies that the foregoing PETITIONER’S
`
`NOTICE OF APPEAL was served electronically via e-mail on March 25, 2019, in
`
`its entirety on the following counsel for Patent Owner:
`
`Eagle Robinson
`Eric Green
`Eric Hall
`NORTON ROSE FULBRIGHT US LLP
`Eagle.Robinson@nortonrosefulbright.com
`Eric.Green@nortonrosefulbright.com
`Eric.Hall@nortonrosefulbright.com
`
`
`Dated: March 25, 2019
`
`
`
`
`
`
`
`
`4829-5326-7338 v.2
`
`
`
`Respectfully submitted,
`
`/David L. McCombs/
`David L. McCombs
`Reg. No. 32,271
`Attorney for Petitioner
`
`
`
`
`
`
`
`
`
`5
`
`

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