`UNITED STATES PATENT AND TRADEMARK OFFICE
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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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`CONVERSANT WIRELESS LICENSING S.À.R.L.,
`Patent Owner
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`_______________
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`Case IPR2015-01899
`Patent 8,713,476
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`_______________
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`PATENT OWNER CONVERSANT WIRELESS LICENSING S.À.R.L.’S
`NOTICE OF APPEAL
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`Case IPR2015-01899
`Patent 8,713,476
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`Pursuant to 35 U.S.C. §§ 141, 142, and 319, and in accordance with 37
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`C.F.R. §§ 90.2-90.3, Patent Owner Conversant Wireless Licensing S.À.R.L.
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`appeals to the United States Court of Appeals for the Federal Circuit from the
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`Final Written Decision of the Patent Trial and Appeal Board entered on March 15,
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`2017
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`in
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`IPR2015-01899
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`(Paper
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`42),
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`and
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`from
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`all
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`underlying
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`findings, determinations, orders, decisions, rulings and opinions regarding the
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`inter partes review of U.S. Patent No. 8,713,476 (“the ’476 Patent”), including
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`the DECISION - Institution of Inter Partes Review entered on March 17, 2016
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`(Paper 7) and the DECISION ON REQUEST FOR REHEARING entered on
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`September 13, 2017 (Paper 45).
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`For the limited purpose of providing the Director with the information
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`requested in 37 C.F.R. § 90.2(a)(3)(ii), Patent Owner anticipates that the issues on
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`appeal may include, but are not limited to, the following, as well as any underlying
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`findings, determinations, orders, decisions, rulings, opinions, or other related
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`issues:
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` Whether the Patent Trial and Appeal Board’s decision finding that claims 1,
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`4, 7-9, 20, 28, and 29 of the ’476 patent are unpatentable was “arbitrary,
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`capricious, an abuse of discretion, or otherwise not in accordance with law;
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`… in excess of statutory jurisdiction, authority or limitations, or … without
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`1
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`Case IPR2015-01899
`Patent 8,713,476
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`observance of procedure required by law; [or] unsupported by substantial
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`evidence … .” 5 U.S.C. § 706(2)(A)-(E); and
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` Whether inter partes review, an adversarial process used by the Patent and
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`Trademark Office (PTO) to analyze the validity of existing patents, violates
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`the Constitution by extinguishing property rights through a non-Article III
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`forum without a jury and without affording due process to patent owners.
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`Simultaneous with the electronic submission of this Notice of Appeal to the
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`Patent Trial and Appeal Board, a copy of this Notice of Appeal is being filed with
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`the United States Patent and Trademark Office by way of hand delivery to the
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`Office of General Counsel to:
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`Office of the General Counsel
`United States Patent and Trademark Office
`Madison East
`10B20 600 Dulany Street
`Alexandria, Virginia 22314
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`In addition, consistent with Federal Circuit Rules 15(a)(1) and 25(b)(1), this
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`Notice of Appeal, along with the required docketing fees and copies of the
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`decisions of the agency for which review is sought, are being filed electronically
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`Case IPR2015-01899
`Patent 8,713,476
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`with the United States Court of Appeals for the Federal Circuit, and one paper
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`copy of the Notice of Appeal is being provided to the Clerk’s Office:
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`Clerk of Court
`United States Court of Appeals for the Federal Circuit
`717 Madison Place, NW, Room 401
`Washington, DC 20439
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`Any required fees to the United States Patent and Trademark Office may be
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`charged to Deposit Account No. 50-1860.
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`Dated: November 15, 2017
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`Respectfully submitted,
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` By: /s/ Wayne M. Helge
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`Wayne M. Helge (Reg. No. 56,905)
`Davidson Berquist Jackson &
`Gowdey, LLP
`8300 Greensboro Drive, Suite 500
`McLean, VA 22102
`Telephone: 571-765-7700
`Fax: 571-765-7200
`Email: whelge@dbjg.com
`Lead Counsel for Patent Owner
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`3
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`Case IPR2015-01899
`Patent 8,713,476
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`CERTIFICATE OF SERVICE
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`I hereby certify that on November 15, 2017, a true and correct copy of the
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`foregoing Patent Owner’s Notice of Appeal was served via email, by consent, to
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`Petitioner by serving the correspondence email addresses of record as follows:
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`Gabrielle E. Higgins (Reg. No. 38,916)
`Kathryn N. Hong (Reg. No. 63,693)
`ROPES & GRAY LLP
`1900 University Avenue, 6th Floor
`East Palo Alto, CA 94303-2284
`Phone: +1-650-617-4015
`Fax: +1-650-617-4090
`gabrielle.higgins@ropesgray.com
`kathryn.hong@ropesgray.com
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`By: /s/ Wayne M. Helge
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`Registration No. 56,905
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`Counsel for Patent Owner
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`4
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