`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`SIERRA WIRELESS AMERICA, INC., SIERRA WIRELESS, INC. AND RPX
`CORP.
`
`Petitioner
`v.
`
`M2M SOLUTIONS LLC
`Patent Owner
`
`Patent No. 8,648,717
`Issue Date: February 11, 2015
`Title: PROGRAMMABLE COMMUNICATOR
`
`Inter Partes Review No. 2015-01823
`
`PETITIONERS’ NOTICE OF APPEAL
`
`
`
`Director of the United States Patent and Trademark Office
`
`U.S. Patent No. 8,648,717
`
`Notice of Appeal
`
`c/o Office of the Solicitor
`
`Madison Building East, 10B20
`
`600 Dulany Street
`
`Alexandria, VA 22314-5793
`
`Notice is hereby given, pursuant to 37 C.F.R. § 90.2(a), that Petitioners
`
`Sierra Wireless America, Inc., Sierra Wireless, Inc., and RPX Corp. (“Petitioners”)
`
`hereby appeal to the United States Court of Appeals for the Federal Circuit under
`
`35 U.S.C. §§ 141 and 142 from the Final Written Decision of the Patent Trial and
`
`Appeal Board entered on March 6, 2017 (Paper 38) (the “Final Written Decision”),
`
`and from all underlying orders, decisions, rulings and opinions.
`
`In accordance with 37 C.F.R. § 90.2(a)(3)(ii), the expected issues on appeal
`
`include, but are not limited to, the Patent Trial and Appeal Board’s determination
`
`that claims 1, 3, 5, 6, 10–13, and 15–23 of U.S. Patent No. 8,648,717 (the ‘717
`
`Patent) are not unpatentable under 35 U.S.C. § 103, and any finding or
`
`determination supporting or related to this determination.
`
`Simultaneously with this submission, a copy of this Notice of Appeal is
`
`1
`
`
`
`U.S. Patent No. 8,648,717
`
`Notice of Appeal
`being filed with the Patent Trial and Appeal Board. In addition, this Notice of
`
`Appeal, along with the required docketing fees and the Final Written Decision, are
`
`being electronically filed with the United States Court of Appeals for the Federal
`
`Circuit, and a paper copy is also being filed with the Clerk's Office for the United
`
`States Court of Appeals for the Federal Circuit.
`
`Respectfully submitted,
`
`Dated: May 8, 2017
`
`By:
`
`/s/Jennifer Hayes
`Jennifer Hayes (CA Bar 241533)
`USPTO Reg. No. 50,845
`Nixon Peabody LLP
`300 S. Grand Avenue, Suite 4100
`Los Angeles, CA 90071
`Telephone: 213-629-6179
`Fax: 866-781-9391
`Email: jenhayes@nixonpeabody.com
`
`2
`
`
`
`U.S. Patent No. 8,648,717
`
`Notice of Appeal
`
`CERTIFICATE OF SERVICE
`I hereby certify that, in addition to being filed electronically through the
`
`Patent and Trial Board's Patent Review Processing System (PRPS), the
`
`original version of the foregoing Petitioners’ Notice of Appeal was filed by
`
`Express Mail Label EL437685980US on this 8th day of May, 2017, 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 Solicitor
`United States Patent and Trademark Office
`Mail Stop 8
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`By: /s/Jennifer Hayes
`Lead Counsel for Petitioner
`
`
`
`U.S. Patent No. 8,648,717
`
`Notice of Appeal
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that the Final Decision and a correct copy of the
`
`foregoing Petitioners’ Notice of Appeal was filed electronically, along with
`
`with the Final Written Decision and the payment of the required fees, on this
`
`8th day of May, 2017, with the Clerk's Office of the United States Court of
`
`Appeals for the Federal Circuit. I hereby certify that a paper copy of the Final
`
`Decision and Notice of Appeal was also filed with the Clerk's Office for the
`
`United States Court of Appeals for the Federal Circuit.
`
`By: /s/Jennifer Hayes
`Lead Counsel for Petitioner
`
`
`
`U.S. Patent No. 8,648,717
`
`Notice of Appeal
`
`CERTIFICATE OF SERVICE
`The undersigned hereby certifies that a copy of the foregoing Notice of Appeal
`
`was served on May 8, 2017 upon the following parties via email:
`
`Jeffrey Costakos
`jcostakos@foley.com
`
`Michelle Moran
`mmoran@foley.com
`
`By: /Jennifer Hayes/
`Lead Counsel for Petitioner
`
`
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