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`_______________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`_______________
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`EMERSON ELECTRIC CO.,
`Petitioner
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`v.
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`SIPCO, LLC,
`Patent Owner
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`_______________
`
`Case IPR2015-01973
`Patent 8,013,732 b2
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`_______________
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`PETITIONER’S NOTICE OF APPEAL
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`
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`Case No. IPR2015-01973
`Patent No. 8,013,732
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`
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`Notice is hereby given, pursuant to 37 C.F.R. § 90.2(a), that Petitioner,
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`Emerson Electric Co., appeals under 35 U.S.C. § 141 to the United States Court of
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`Appeals for the Federal Circuit from the Final Written Decision entered on March
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`27, 2017 (Paper 25) and from all underlying orders, decisions, rulings and opinions
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`regarding U.S. Patent No. 8,013,732 (“the ’732 Patent”) including the above-
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`referenced Final Written Decision.
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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), Petitioner 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, rulings, decisions, opinions, or other related issues:
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` Whether the Patent Trial and Appeal Board erred in finding that
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`Petitioner had not met its burden of demonstrating that claims 13, 14,
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`16-21 and 23-35 of the ‘732 patent are obvious under Section 103 of
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`the Patent Act;
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` Whether the Patent Trial and Appeal Board erred by refusing to
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`consider the evidence of knowledge of those of skill in the art because
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`it was submitted with the Patent Owner’s Response (Paper 12, Exhibit
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`No. 2004), not as part of Emerson Electric Co.’s Petition, even after
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`that reference was discussed at Trial in this proceeding;
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`1
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`Case No. IPR2015-01973
`Patent No. 8,013,732
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` Whether the Patent Trial and Appeal Board erred in its
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`characterization of the content and teaching of the Kahn reference;
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` Whether the Patent Trial and Appeal Board made an error of law by
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`mischaracterizing and misapplying case precedent; and
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` Whether the Patent Trial and Appeal Board made an error of law by
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`applying the incorrect legal standard to the obviousness question,
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`including the determination that inventor admissions within the
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`Background section of a patent specification relating to known
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`problems with the prior art cannot be relied upon to establish a
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`motivation to combine.
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`
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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 a copy of the
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`decision and order of the agency for which review is sought, are being filed
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`2
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`Case No. IPR2015-01973
`Patent No. 8,013,732
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`electronically with the United States Court of Appeals for the Federal Circuit, and
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`one paper 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: April 3, 2017
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`Respectfully submitted,
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`By: /s/ Donald L. Jackson
`Donald L. Jackson (Reg. No. 41,090)
`James D. Berquist (Reg. No. 34,776)
`Davidson Berquist Jackson & Gowdey, LLP
`8300 Greensboro Drive, Suite 500
`McLean, VA 22102
`Telephone: 571-765-7700
`Fax: 571-765-7200
`Email: don.jackson@dbjg.com
`Email: jay.berquist@dbjg.com
` Counsel for Petitioner
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`3
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`Case No. IPR2015-01973
`Patent No. 8,013,732
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`CERTIFICATE OF SERVICE
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`I hereby certify that on April 3, 2017, a true and correct copy of the
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`
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`foregoing Petitioner’s Notice of Appeal was served via email, by consent, to Patent
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`Owner by serving the correspondence email addresses of record as follows:
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`Dr. Gregory J. Gonsalves
`Reg. No. 43,639
`2216 Beacon Lane
`Falls Church, VA 22043
`Email: Gonsalves@gonsalveslawfirm.com
`
`James E. Schutz
`Reg. No. 48,658
`Troutman Sanders LLP
`600 Peachtree St., Suite 5200
`Atlanta, GA 30308
`Email: james.shutz@troutmansanders.com
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`By: /s/ Donald L. Jackson
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`Registration No. 41,090
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`Counsel for Petitioner
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`4
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