`______________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`______________________
`
`APPLE, INC.,
`Petitioner,
`
`v.
`
`PERSONALWEB TECHNOLOGIES, LLC, and
`LEVEL 3 COMMUNICATIONS, LLC,
`Patent Owners.
`______________________
`
`Case IPR2013-00596
`Patent Number 7,802,310
`
`______________________
`
`
`
`PATENT OWNER’S NOTICE OF APPEAL
`
`
`
`
`
`
`
`
`
`Pursuant to 35 U.S.C. § 142 and 37 C.F.R. § 90.2(a), Patent Owner hereby
`
`appeals to the United States Court of Appeals for the Federal Circuit from the
`
`Decision on Remand (“Decision”) entered on February 7, 2018, and from all
`
`orders, decisions, rulings, and opinions underlying or supporting the Decision.
`
`For the limited purpose of providing the Director with the information
`
`requested in 37 C.F.R. § 90.2(a)(3)(ii), issues on appeal may include but are not
`
`limited to the Board’s determinations of unpatentability of claims and any finding
`
`or determination supporting or relating to such determinations of unpatentability
`
`including but not limited to: violations of due process (including due process
`
`violations under the Administrative Procedures Act), obviousness issues,
`
`constitutionality of IPR proceedings, claim construction issues, Board findings that
`
`conflict with the evidence of record and are not supported by substantial evidence,
`
`as well as all other issues decided adversely to Patent Owner in any orders,
`
`decisions, rulings and/or opinions.
`
`Patent Owner reserves the right to challenge any finding or determination
`
`supporting or relating to the issues listed above and to challenge any other issues
`
`decided adversely to Patent Owner in the Board’s Decision or in any other order,
`
`decision, ruling, or opinion underlying the Decision.
`
`Simultaneous with this submission, a copy of this Notice of Appeal is being
`
`filed with the Patent Trial and Appeal Board (Board) and the Clerk’s Office for the
`
`
`-2-
`
`
`
`United States Court of Appeals for the Federal Circuit.
`
`
`
`Respectfully submitted,
`
`
`
`
`
`By: /Joseph A. Rhoa
`Joseph A. Rhoa
`Reg. No. 37,515
`Updeep (Mickey) S. Gill
`Reg. No. 37,334
`Attorneys for Patent Owner,
`PersonalWeb Technologies, LLC
`
`NIXON & VANDERHYE P.C.
`(Customer No.: 23117)
`901 North Glebe Road
`11th Floor
`Arlington, VA 22203
`Tel: (703) 816-4000
`Fax: (703) 816-4100
`
`
`Dated: February 21, 2018
`
`
`
`
`
`
`
`
`
`
`-3-
`
`
`
`CERTIFICATES OF SERVICE & FILINGS
`
`
`
`I hereby certify that on February 21, 2018, the foregoing PATENT
`
`OWNER’S NOTICE OF APPEAL was electronically filed through the Patent Trial
`
`and Appeal Board’s Patent Review Processing System (PRPS). In addition, the
`
`original version of the foregoing PATENT OWNER’S NOTICE OF APPEAL was
`
`filed by hand on February 21, 2018, with the Director of the United States Patent
`
`and Trademark Office, 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 Dulaney Street
`Alexandria, VA 22314-5793
`
`
`I further certify that a true and correct copy of the foregoing, PATENT
`
`OWNER’S NOTICE OF APPEAL, was filed electronically on February 21, 2018,
`
`with the Clerk’s Office of the United States Court of Appeals for the Federal
`
`Circuit:
`
`United States Court of Appeals for the Federal Circuit
`717 Madison Place, N.W., Suite 401
`Washington, DC 20439
`
`
`I further certify that a true and correct copy of the foregoing, PATENT
`
`OWNER’S NOTICE OF APPEAL, was served via First Class U.S. Mail and by
`
`electronic mail (in accordance with the parties’ electronic service agreement) on
`
`
`
`
`
`February 21, 2018, on the following counsel of record for Petitioners:
`
`David Cornwell – Lead Counsel
`Mark Rygiel – Back-Up Counsel
`Salvador M. Bezos – Back-Up Counsel
`Sterne, Kessler, Goldstein & Fox PLLC
`1100 New York Ave., NW
`Washington, DC 20005
`(davidc-PTAB@skgf.com)
`(mrygiel-PTAB@skgf.com)
`(sbezos-PTAB@skgf.com)
`
`
`
`
`
`
`/Joseph A. Rhoa/
`Joseph A. Rhoa
`
`
`
`
`
`
`
`
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