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`____________________________________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`____________________________________
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`APPLE INC.,
`ZTE CORPORATION and ZTE (USA) INC.,
`Petitioners
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`v.
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`E-WATCH, INC.
`Patent Owner
`_____________________
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`IPR2015-00412
`IPR2015-013661
`U.S. Patent No. 7,365,871 B2
`_____________________
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`PATENT OWNER’S NOTICE OF APPEAL
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`Mail Stop
`Patent Board
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
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`1 IPR2015-01366 has been joined with IPR2015-00412.
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`Pursuant to 35 U.S.C. §§ 141 and 142 and 37 C.F.R. § 90.2(a), Patent Owner
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`e-Watch Corporation and e-Watch, Inc. (“Patent Owner’) hereby provides notice that it
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`appeals to the United States Court of Appeals for the Federal Circuit from the Final
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`Written Decision of the Patent Trial and Appeal Board (“Board) entered May 6, 2016
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`(Paper 50), and from all underlying findings, orders, decisions, rulings, and opinions,
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`including, without limitation the institution decision entered May 11, 2015 (Paper 12).
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`In accordance with 37 C.F.R. § 90.2(a)(3)(ii), Patent Owner states that the issues
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`for appeal include, but are not limited to: the Board’s determination that claims 12-14 of
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`U.S. Patent No. 7,365,871 have been shown by a preponderance of the evidence to be
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`unpatentable; the Board’s construction and interpretation of those claims; the Board’s
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`consideration of the expert testimony, prior art, and other evidence in the record; the
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`Board’s determinations in the institution decision; and the Board’s factual findings,
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`conclusions of law, or other determinations supporting or relating to the above issues.
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`Pursuant to 35 U.S.C. § 142 and 37 C.F.R. § 90.2(a), this Notice is being filed
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`with the Director of the United States Patent and Trademark Office. Simultaneous
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`with this submission, a copy of this Notice is being filed with the Patent Trial and
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`Appeal Board. In addition, a copy of this Notice, along with the required
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`docketing fees, is being filed with the Clerk’s office of the United States Court of
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`Appeals for the Federal Circuit.
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`By: /s/ Andrew G. DiNovo
`DATED: June 7, 2016
` Andrew G. DiNovo (Reg. No. 40,115)
` DiNovo Price Ellwanger & Hardy LLP
` 7000 North MoPac Expressway,
` Suite 350
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` Austin, TX 78731
` Telephone: (512) 539-2625
` Facsimile: (512) 539-2627
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`Attorney for Patent Owner E-Watch, Inc.
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`CERTIFICATE OF SERVICE
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`The undersigned certifies that, in addition to being filed electronically
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`through the Patent Trial and Appeal Board’s PRPS, the foregoing Notice of Appeal
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`was filed by Express Mail on June 7, 2016, with the Director of the United States
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`Patent and Trademark Office, at the following address:
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`Director of the United States Patent and Trademark Office
`c/o Office of the General Counsel
`P.O. Box 1450
`Alexandria, VA 22313-1450
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`The undersigned certifies that a copy of the foregoing Notice of Appeal,
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`along with the required docket fee, was filed on June 7, 2016, with the Clerk’s
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`Office for the United States Court of Appeals for the Federal Circuit through the
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`Court’s CM/ECF filing system.
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`The undersigned certifies service pursuant to 37 C.F.R. § 42.6(e) of a copy
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`of this Notice of Appeal by electronic mail on June 7, 2016, on the counsel of
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`record for:
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`Apple, Inc.:
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`Brian Buroker, bburoker@gibsondunn.com
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`Blair Silver, bsilver@gibsondunn.com
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`ZTE Corporation and ZTE (USA) Inc.:
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`Steve Moore, steve.moore@pillsburylaw.com
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`Richard Thill, richard.thill@pillsburylaw.com
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`Barry Shelton, barry.shelton@pillsburylaw.com
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`Brian Nash, nash@pillsburylaw.com
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`DATED: June 7, 2016
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`By: /s/ Andrew G. DiNovo
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