`
`_____________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`_____________________
`
`APPLE INC.,
`Petitioner
`v.
`E-WATCH, INC.,
`Patent Owner
`_____________________
`
`IPR2015-00412
`IPR2015-013661
`
`U.S. Patent No. 7,365,871 B2
`_____________________
`
`PETITIONER’S NOTICE OF APPEAL
`
`Mail Stop Patent Board
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`
`1 IPR2015-01366 has been joined with IPR2015-00412.
`
`
`
`
`
`Pursuant to 35 U.S.C. §§ 141 and 142 and 37 C.F.R. § 90.2(a), Petitioner
`
`Apple Inc. hereby provides notice that it appeals to the United States Court of
`
`Appeals for the Federal Circuit from the Final Written Decision of the Patent Trial
`
`and Appeal Board (“Board”) entered May 6, 2016 (Paper 50), and from all
`
`underlying findings, orders, decisions, rulings, and opinions, including, without
`
`limitation, the institution decision entered May 11, 2015 (Paper 12).
`
`In accordance with 37 C.F.R. § 90.2(a)(3)(ii), Petitioner states that the issues
`
`for appeal include, but are not limited to: the Board’s determination that claims 1–
`
`8 of U.S. Patent No. 7,365,871 B2 have not been shown by a preponderance of the
`
`evidence to be unpatentable; the Board’s construction and interpretation of those
`
`claims; the Board’s consideration of the expert testimony, prior art, and other
`
`evidence in the record; the Board’s determinations in the institution decision; and
`
`the Board’s factual findings, conclusions of law, or other determinations
`
`supporting or relating to the above issues.
`
`Pursuant to 35 U.S.C. § 142 and 37 C.F.R. § 90.2(a), this Notice is being
`
`filed with the Director of the United States Patent and Trademark Office.
`
`Simultaneous with this submission, a copy of this Notice is being filed with the
`
`Patent Trial and Appeal Board. In addition, a copy of this Notice, along with the
`
`required docketing fees, is being filed with the Clerk’s Office for the United States
`
`Court of Appeals for the Federal Circuit.
`
`2
`
`
`
`
`DATED: May 25, 2016
`
`
`
`Respectfully submitted,
`
`
`
`
`
`By: /s/ Brian M. Buroker
`
`Brian M. Buroker (Reg. No. 39,125)
`Blair A. Silver (Reg. No. 68,003)
`GIBSON, DUNN & CRUTCHER LLP
`1050 Connecticut Avenue, N.W.
`Washington, DC 20036-5306
`Telephone: 202.955.8500
`Facsimile: 202.467.0539
`bburoker@gibsondunn.com
`bsilver@gibsondunn.com
`
`Attorneys for Petitioner Apple Inc.
`
`3
`
`
`
`CERTIFICATE OF SERVICE
`
`The undersigned certifies that, in addition to being filed electronically
`
`
`
`through the Patent Trial and Appeal Board’s PRPS, the foregoing Notice of Appeal
`
`was filed by Express Mail on May 25, 2016, 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
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`The undersigned certifies that a copy of the foregoing Notice of Appeal,
`
`
`
`
`
`along with the required docket fee, was filed on May 25, 2016, with the Clerk’s
`
`Office of the United States Court of Appeals for the Federal Circuit through the
`
`Court’s CM/ECF filing system.
`
`
`
`The undersigned certifies service pursuant to 37 C.F.R. § 42.6(e) of a copy
`
`of this Notice of Appeal by electronic mail on May 25, 2016, on the counsel of
`
`record for:
`
`Patent Owner:
`
`Robert C. Curfiss, bob@curfiss.com
`
`David Simmons, dsimmons1@sbcglobal.net
`
`Greg Donahue, gdonahue@dpelaw.com
`
`ZTE Corporation and ZTE (USA) Inc.:
`
`Steve Moore, steve.moore@pillsburylaw.com
`
`4
`
`
`
`Richard Thill, richard.thill@pillsburylaw.com
`
`Barry Shelton, barry.shelton@pillsburylaw.com
`
`Brian Nash, brian.nash@pillsburylaw.com
`
`DATED: May 25, 2016
`
`
`
`
`
`By: /s/ Brian M. Buroker
`Brian M. Buroker (Reg. No. 39,125)
`Attorney for Petitioner Apple Inc.
`
`
`
`5
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