Augme Technologies, Inc. Message Board

PLAINTIFF AUGME TECHNOLOGIES, INC.’S NOTICE OF APPEAL TO THE
UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT 2
CASE NO. C-09-5386-JCS

including the District Court’s Order Granting Yahoo!’s Motion For Summary Judgment Of Non-
Infringement; Denying Augme’s Motion For Partial Summary Judgment, dated and entered August
8, 2012 (D.I. 333), and the District Court’s Claim Construction Order dated and entered September
13, 2011 (D.I. 189 (sealed) and D.I. 192 (unsealed)). Appellate jurisdiction arises under 28 U.S.C. §
1295(a)(1).

Augme’s appeal includes all decisions and rulings that underlie or are intertwined with the
final judgment, including but not limited to the District Court’s Order Granting Yahoo!’s Motion For
Summary Judgment Of Non-Infringement; Denying Augme’s Motion For Partial Summary
Judgment, dated and entered August 8, 2012 (D.I. 333), the District Court’s Claim Construction
Order dated and entered September 13, 2011 (D.I. 189 (sealed) and D.I. 192 (unsealed)), and any
other orders, rulings, or judgments underlying or intertwined with the judgment that (1) Defendant
Yahoo! Inc.’s accused products do not infringe claims 21 and 25 of U.S. Patent No. 6,594,691 and
claims 1-3, 9, 14, 20, and 25 of U.S. Patent No. 7,269,636 and (2) claims 19 and 20 of U.S. Patent
No. 6,594,691 are invalid for indefiniteness, including the District Court’s denial of Augme’s
request for Yahoo!’s source code repository for its ad serving systems. (D.I. 235.)