`Filed: November 21, 2016
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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`______________________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`______________________
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`APPLE INC.,
`Petitioner,
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`v.
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`OPENTV, INC.,
`Patent Owner.
`______________________
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`Case IPR2015-01031
`Patent 7,900,229 B2
`______________________
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`PATENT OWNER’S NOTICE OF APPEAL
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`via E2E
`Patent Trial and Appeal Board
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`via Hand Delivery
`Director of the United States Patent and Trademark Office
`c/o Office of the General Counsel, 10B20
`Madison Building East
`600 Dulany Street
`Alexandria, VA 22314
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`via CM/ECF
`United States Court of Appeals for the Federal Circuit
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`
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`Pursuant to 35 U.S.C. §§ 141 and 142, and 37 C.F.R. §§ 90.2 and 90.3,
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`Case IPR2015-01031
`Patent 7,900,229 B2
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`Patent Owner OpenTV, Inc. hereby provides notice that it appeals to the United
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`States Court of Appeals for the Federal Circuit from the Final Written Decision
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`entered September 26, 2016 (Paper 31) and from all underlying orders, decisions,
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`rulings, and opinions regarding U.S. Patent No. 7,900,229 B2 (“the ’229 patent”)
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`in Inter Partes Review No. IPR2015-01031.
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`In accordance with 37 C.F.R. § 90.2(a)(3)(ii), the issues on appeal include,
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`but are not limited to, the Board’s determination that claims 14-16, 19, 21, 26, 28,
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`and 30 of the ‘229 patent are unpatentable under 35 U.S.C. § 102(a) as anticipated
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`by Tomioka, including and without limitation, the Board’s violation of the
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`Administrative Procedures Act through its failure to timely inform Patent Owner of
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`the matters of fact and law asserted, give Patent Owner opportunity for the
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`submission of facts and arguments and hearing and decision on notice, and permit
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`Patent Owner to submit rebuttal evidence and to conduct cross-examination as may
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`be required for a full and true disclosure of the facts; the Board’s reliance on
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`evidence, arguments, and/or theories not articulated at all and/or with particularity
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`until after Patent Owner filed its Patent Owner’s Response (Paper 14); and any
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`finding or determination supporting or relating to these issues, as well as all other
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`issues decided adversely to Open TV, Inc., in any order, decision, ruling, or
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`opinion by the Patent Trial and Appeal Board in this Inter Partes Review.
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`1
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`Pursuant to 35 U.S.C. § 142 and 37 C.F.R. § 90.2(a), this Notice is being
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`Case IPR2015-01031
`Patent 7,900,229 B2
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`filed with the Director of the United States Patent and Trademark Office, and a
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`copy of this Notice is being concurrently filed with the Patent Trial and Appeal
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`Board. In addition, a copy of this Notice along with the required docketing fees are
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`being filed with the Clerk’s Office for the United States Court of Appeals for the
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`Federal Circuit via CM/ECF.
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`Dated: November 21, 2016
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`Respectfully submitted,
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`By: By: /Joshua L. Goldberg/
`Joshua L. Goldberg
`Reg. No. 59,369
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`Counsel for Patent Owner
`OpenTV, Inc.
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`2
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`CERTIFICATE OF SERVICE
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`Case IPR2015-01031
`Patent 7,900,229 B2
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`I hereby certify that on this 21st day of November, 2016, a true and correct
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`copy of the foregoing “PATENT OWNER’S NOTICE OF APPEAL” was filed
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`by hand with the Director of the United States Patent and Trademark Office, at the
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`following address:
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`Director of the United States Patent and
`Trademark Office
`c/o Office of the General Counsel, 10B20
`Madison Building East
`600 Dulany Street
`Alexandria, VA 22314
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`I also hereby certify that on this 21st day of November, 2016, a true and
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`correct copy of the foregoing “PATENT OWNER’S NOTICE OF APPEAL,”
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`and the filing fee, were filed with the Clerk’s Office of the United States Court of
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`Appeals for the Federal Circuit, via CM/ECF.
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`I also hereby certify that a true and correct copy of the foregoing “PATENT
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`OWNER’S NOTICE OF APPEAL” was served by electronic mail on this 21st
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`day of November 2016 on counsel of record for the Petitioner as follows:
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`Mark E. Miller
`markmiller@omm.com
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`Ryan K. Yagura
`ryagura@omm.com
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`Case IPR2015-01031
`Patent 7,900,229 B2
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`Brian M. Cook
`bcook@omm.com
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`John Kevin Murray
`kmurray2@omm.com
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`Luann L. Simmons
`lsimmons@omm.com
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`Xin-Yi Zhou
`vzhou@omm.com
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` By: /Lauren K. Young/
`Lauren K. Young
`Legal Assistant
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`FINNEGAN, HENDERSON, FARABOW,
`GARRETT & DUNNER, LLP
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`Anne E. Huffsmith
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`ahuffsmith@omm.com
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`Petitioner has agreed to electronic service.
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`Dated: November 21, 2016
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