`
`_________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_________
`
`APPLE INC.,
`Petitioner,
`
`v.
`
`SMARTFLASH LLC,
`Patent Owner.
`
`_________
`
`Case CBM2015-00123
`Patent 8,033,458 B2
`_________
`
`
`
`PATENT OWNER’S NOTICE OF APPEAL
`
`
`
`
`
`Notice is hereby given, pursuant to 37 C.F.R. § 90.2(a), that Patent Owner
`
`Smartflash LLC appeals to the United States Court of Appeals for the Federal
`
`Circuit from the Final Written Decision entered on November 7, 2016 (Paper 31),
`
`the Decision Denying Rehearing entered on January 27, 2017 (Paper 33) and from
`
`all underlying orders, decisions, rulings and opinions regarding U.S. Patent No.
`
`8,033,458 (“the ‘458 Patent”) including the Decision - Institution of Covered
`
`Business Method Patent Review entered on November 10, 2015 (Paper 7).
`
`For the limited purpose of providing the Director with the information
`
`requested in 37 C.F.R. § 90.2(a)(3)(ii), Patent Owner anticipates that the issues on
`
`appeal may include the following, as well as any underlying findings,
`
`determinations, rulings, decisions, opinions, or other related issues:
`
`• Whether the Board erred in finding that claims 2-5, 7, 9, and 12 of the
`
`’458 Patent are unpatentable under 35 U.S.C. § 101;
`
`• Whether the Board erred in finding that claims 3-5 of the ‘458 patent
`
`are unpatentable as being indefinite under 35 U.S.C. § 112.
`
`• Whether the Board erred in denying Patent Owner’s Motion to
`
`Exclude (Paper 24); and
`
`• Whether the Board erred in finding that the subject matter of the ‘458
`
`Patent is directed to activities that are financial in nature and in
`
`instituting Covered Business Method review of the ‘458 Patent.
`
`
`
`1
`
`
`
`Copies of this Notice of Appeal are being filed simultaneously with the
`
`Director, the Patent Trial and Appeal Board, and the Clerk of the United States
`
`Court of Appeals for the Federal Circuit.
`
`Any required fees may be charged to Deposit Account No. 501860.
`
` /
`
` Michael R. Casey /
`
`
`Michael R. Casey
`Registration No. 40,294
`Davidson Berquist Jackson & Gowdey, LLP
`8300 Greensboro Drive
`Suite 500
`McLean, VA 22102
`Telephone: (571) 765-7705
`Fax: (571) 765-7200
`Email: mcasey@dbjg.com
`Attorney for Patent Owner
`
`
`
`Dated March 27, 2016
`
`
`
`
`
`
`
`2
`
`
`
`CERTIFICATE OF SERVICE
`The undersigned hereby certifies that this PATENT OWNER’S NOTICE
`OF APPEAL was filed with the Patent Trial and Appeal Board using the E2E
`System and was served, by agreement of the parties, by emailing copies to counsel
`for the Petitioner as follows:
`
`Gabrielle E. Higgins (gabrielle.higgins@ropesgray.com)
`James R. Batchelder (james.batchelder@ropesgray.com)
`ApplePTABService-SmartFlash@ropesgray.com
`
`The undersigned hereby further certifies that on March 27, 2017 this
`PATENT OWNER’S NOTICE OF APPEAL (and its three attached decisions)
`were filed with the Federal Circuit via CM/ECF (along with one courtesy copy by
`hand delivery) and two (2) copies were served on the U.S. Patent and Trademark
`Office via in-hand delivery as follows:
`
`
`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
`
`
`
` /
`
` Michael R. Casey /
`
`
`Michael R. Casey
`Registration No. 40,294
`Davidson Berquist Jackson & Gowdey, LLP
`8300 Greensboro Drive
`Suite 500
`McLean, VA 22102
`Telephone: (571) 765-7705
`Fax: (571) 765-7200
`Email: mcasey@dbjg.com
`Attorney for Patent Owner
`
`
`Dated: March 27, 2017
`
`
`
`
`
`3
`
`
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