`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`TOYOTA MOTOR CORPORATION,
`
`Petitioner
`
`AMI-iRICAN VEHICULAR SCIENCltflS LLC,
`
`Patent Owner
`
`Patent No. 5,845,000
`
`Issue Date: December 1, 1998
`
`'l‘itle: OPTICAL IDEN’I‘IFICZIH‘ION AND MONI'I‘ORING SYSTEM USING
`
`PATTERN RECOGNITION FOR USE WITH VEHICLES
`
`NOTICE OF APPEAL
`
`Case NO. IPR2013—00424
`
`
`
`Pursuant to 35 U.S.C. § 142 and 37 CPR. § 90.2, notice is hereby given that
`
`the petitioner in the above—captioned mm patter review proceeding, Toyota Motor
`
`Corporation (“Petitioner”), appeals to the United States Court of Appeals for the
`
`Federal Circuit from the Final Written Decision entered by the Patent Trial and
`
`Appeal Board (“Board”) on January 12, 2015, including all reviewable decisions and
`
`orders supporting that Final Written Decision.
`
`In compliance with 37 C.F.R. §90.2(a)(3)(ii), Petitioner anticipates that the
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`following issues will be raised on appeal:
`
`1. Whether the Board erred when it determined that Lemelson (Ex. 1002)
`
`did not disclose a “pattern recognition algorithm generated from data of
`
`possible exterior objects and patterns of received electromagnetic
`
`illumination from the possible exterior objects” or a “pattern recognition
`
`algorithm generated from data of possible sources of radiation including
`
`lights of vehicles and patterns of received radiation from the possible
`
`3)
`
`SOLIICCS.
`
`2. Whether the Board erred when it determined that process terms in
`
`apparatus claims, “generated from data of possible exterior objects and
`
`patterns of received electromagnetic illumination from the possible
`
`exterior objects” and “generated from data of possible sources of
`
`
`
`radiation including lights of vehicles and patterns of received radiation
`
`from the possible sources,” were limitations for the purpose of assessing
`
`patentability over the prior art, and when it construed those limitations
`
`to require algorithms generated from data of, and patterns received
`
`electromagnetic illumination or radiation from, actual objects.
`
`3. Further to (2), whether. the Board erred by placing the burden on
`
`Petitioner to demonstrate that the disputed terms were not limitations,
`
`and by determining that Petitioner’s arguments were untimely.
`
`4. Whether the Board erred when it determined that Petitioner had not met
`
`its burden of proving that claims 10, 11, 16, 17, 19, 20, and 23 are
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`unpatentable.
`
`Dated: March 16, 2015
`
`Matt Berkowitz (Reg. No. 57,215)
`Lead Counsel for Petitioner
`Kenyon <35 Kenyon 1.1.1J
`One Broadway
`New York, NY 10004
`Tel: 212—425-7200
`Fax: 212-425-5288
`
`Thomas R. Makin
`A. Antony Pfeffer (Reg. No. 43,857)
`Back~Up Counsel for Petitioner
`Kenyon & Kenyon LLP
`One Broadway
`New York, NY 10004
`Tel: 212—425-7200
`
`Fax: 212-425—5288
`
`
`
`CERTIFICATE OF FILING AND SERVICE
`
`The undersigned hereby confirms that the foregoing Notice of Appeal was
`
`served on March 16, 2015 via e-mail upon the following counsel of record for Patent
`
`Owner:
`
`Thomas j Wimbiscus
`Scott P. McBride
`
`Christopher M. Scharff
`twimbiscus@mcandtews-ip.com
`smcbride@mcandrews—ip .com
`cscharff@mcandrews-ip.com
`AVS-IPR@mcandrews-ip.com
`NICANDREWS HELD & MALLOY, I ID.
`500 W. Madison St, 34th Floor
`Chicago, IL 60661
`
`The undersigned hereby confirms that the original of the foregoing Notice of
`
`Appeal was filed on March 16, 2015 with the Director of the United States Patent and
`
`Trademark Office Via Express Mail (Priority Mail Express) (label # EK 670019742
`
`US) at the following address (in addition to being filed with the Board via PRPS):
`
`Director of the United States Patent and Trademark Office
`
`cfo Office of the General Counsel
`
`United States Patent and Trademark Office
`
`PO. Box. 1450
`
`Alexandria, VA 22313-1450
`
`
`
`The undersigned hereby confirms that three (3) true and correct copies of the
`
`foregoing Notice of Appeal were filed in the Clerk’s Office of the United States Court
`
`of Appeals for the Federal Circuit via Express Mail (Priority Mail Express) (label #
`
`13K 670019813 US), with the $500 clocketing fee, at the following address:
`
`United States Court of Appeals for the Federal Circuit
`717 Madison Place, N.W., Suite 401
`\Washington, DC 20439
`
`
`
`%L
`
`
`Joseph M. Purcell, Jr.
`Kenyon & Kenyon LLP
`One Broadway
`New York, NY 10004
`
`Tcl: 212—425-7200
`
`Fax: 212-425—5288
`
`
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