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`__________________________________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`__________________________________
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`SUPERCELL OY,
`Petitioner
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`v.
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`GREE, INC.,
`Patent Owner
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`___________________________________
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`Case: PGR2018-00047
`U.S. Patent No. 9,770,659
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`PATENT OWNER’S NOTICE OF APPEAL
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`
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`PGR2018-00047
`Patent No. 9,770,659
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`Notice is hereby given, pursuant to 35 U.S.C. § 141 and 37 C.F.R. § 90.2,
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`that Patent Owner GREE, Inc. (“GREE”) hereby appeals to the United States Court
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`of Appeals for the Federal Circuit from the Patent Trial and Appeal Board’s (the
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`“Board”) Final Written Decision entered on September 6, 2019 (Paper 39), and
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`from all orders, decisions, rulings, and opinions regarding U.S. Patent No.
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`9,770,659 (the “’659 patent”) in post-grant review PGR2018-00047.
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`In accordance with 37 C.F.R. 90.2(a)(3)(ii), Patent Owner anticipates that
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`the issues on appeal may include, but are not limited to the Board’s determination
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`that claims 1-15 are unpatentable, as well as any underlying findings,
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`determinations, rulings, decisions, opinions, or claim interpretations supporting or
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`related to that determination; any other issues decided adversely to Patent Owner
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`in any orders, decisions, rulings and opinions; and any issues raised on appeal by
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`Petitioner.
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`In accordance with 35 U.S.C. § 142 and 37 C.F.R. §§ 90.2 and 90.3, copies
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`of this Notice of Appeal are being timely filed simultaneously with the Director of
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`the United States Patent and Trademark Office and the Patent Trial and Appeal
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`Board. In addition, a copy of this Notice of Appeal, along with the required
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`docketing fees, are being filed with the Clerk’s Office for the United States Court
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`of Appeals for the Federal Circuit via CM/ECF. A copy of this Notice of Appeal is
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`also being served on Petitioner.
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`
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`PGR2018-00047
`Patent No. 9,770,659
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`Dated: November 7, 2019
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`Respectfully submitted,
`By: /s/ John C. Alemanni
`John C. Alemanni (Reg. No. 47,384)
`Lead Counsel for Patent Owner
`
`Lead Counsel
`
`Backup Counsel
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`Andrew Rinehart
`Reg. No. 75,537
`1001 West Fourth Street
`Winston-Salem, NC 27101-2400
`Telephone: 336-607-7312
`Fax: 336-607-7500
`Email:
`arinehart@kilpatricktownsend.com
`
`John C. Alemanni
`Reg. No. 47,384
`42088 Six Forks Road, Suite 1400
`Raleigh, NC 27609
`Office: 919-420-1724
`Fax: 919-420-1800
`Email:
`jalemanni@kilpatricktownsend.com
`Backup Counsel
`
`Steven D. Moore
`Kilpatrick Townsend & Stockton LLP
`Two Embarcadero Center, Suite 1900
`San Francisco, CA 94111
`Office: 415-273-4741
`Fax: 415-651-8510
`Email:
`smoore@kilpatricktownsend.com
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`
`
`PGR2018-00047
`Patent No. 9,770,659
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`CERTIFICATE OF FILING
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`I hereby certify that on November 7, 2019, a true and correct copy of the
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`foregoing PATENT OWNER’S NOTICE OF APPEAL was filed electronically
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`through the Patent Trial and Appeal Board’s End to End (E2E) system, and that the
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`original of the foregoing was hand-delivered to the Director of the United States
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`Patent and Trademark Office, at the following address in accordance with 37
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`C.F.R. §§ 42.6(b), 90.2(a), and 104.2:
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`Office of the General Counsel
`United States Patent and Trademark Office
`10B20, Madison Building East
`600 Dulany Street
`Alexandria, Virginia 22313-1450
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`CERTIFICATE OF FILING
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`I hereby certify that on November 7, 2019, a true and correct copy of the
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`foregoing PATENT OWNER’S NOTICE OF APPEAL was filed electronically via
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`the CM/ECF system with the Clerk of Court for the United States Court of Appeals
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`for the Federal Circuit, and that the requisite fee was paid in accordance with 37
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`C.F.R. § 90.2(a)(2) and Federal Circuit Rule 15.
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`
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`PGR2018-00047
`Patent No. 9,770,659
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`CERTIFICATE OF SERVICE
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`The undersigned hereby certifies that a copy of Patent Owner’s Notice of
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`Appeal has been served electronically via email upon the following:
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`Jennifer R. Bush
`Michael J. Sacksteder
`Geoffrey R. Miller
`Fenwick & West LLP
`jbush@fenwick.com
`msacksteder@fenwick.com
`gmiller@fenwick.com
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`Dated: November 7, 2019
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`By: /s/ John C. Alemanni
`John C. Alemanni (Reg. No. 47,384)
`Lead Counsel for Patent Owner
`
`