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`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`____________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`____________________
`
`COSTCO WHOLESALE CORPORATION,
`
`Petitioner,
`
`v.
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`ROBERT BOSCH LLC,
`
`Patent Owner.
`
`____________________
`
`CASE NO. IPR2016-00041
`
`U.S. Patent No. 8,099,823
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`____________________
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`PATENT OWNER ROBERT BOSCH LLC’S NOTICE OF APPEAL
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`
`
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`
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`Please take notice that, pursuant to 37 C.F.R. §§ 90.2(a) and 90.3(a) and 35
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`U.S.C. §§ 141(c), 142, and 319, Patent Owner Robert Bosch LLC (“Bosch”)
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`hereby appeals to the United States Court of Appeals for the Federal Circuit from
`
`the Final Written Decision entered on April 12, 2017 (Paper No. 70) (the “Final
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`Written Decision”) in the above-captioned inter partes review of U.S. Patent No.
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`8,099,823 (“the ’823 patent”).1
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`In accordance with 37 C.F.R. § 90.2(a)(3)(ii), Bosch’s issues on appeal
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`include at least the following: (i) in finding claims 1, 9, and 10 of the ’823 patent
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`unpatentable as obvious under 35 U.S.C. § 103(a) over the combination of: (a)
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`U.K. Patent App. No. GB 2 106 775 A to Prohaska (“Prohaska”) and either U.S.
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`Patent No. 3,192,551 to Appel or German Patent No. 1,028,896 to Hoyler, or (b)
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`either PCT WO 99/02383 to Kotlarski or PCT WO 99/12784 to Merkel and
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`Prohaska, the Board made factual findings unsupported by the evidence, and failed
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`to make factual findings mandated by the evidence; (ii) any findings or
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`determinations supporting or related to those issues, as well as other issues decided
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`adversely to Bosch in any orders, decisions, rulings, and opinions; and (iii) it
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`would violate the Constitution of the United States for the Patent and Trademark
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`Office to extinguish Bosch’s property rights in the ’823 patent by cancelling the
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`claims at issue in this inter partes review.
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`1 The Board issued on November 20, 2017 its written decision denying Petitioner’s
`Request for Rehearing.
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`
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`Simultaneously with this submission, Bosch is filing a true and correct copy
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`of this Notice of Appeal with the Director of the United States Patent and
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`Trademark Office and a true and correct copy (or copies) of the same, along with
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`the required filing fee, with the Clerk of the United States Court of Appeals for the
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`Federal Circuit as set forth in the accompanying Certificate of Filing.
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`
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`
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`DATED: January 22, 2018
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`
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`Respectfully submitted,
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`Shearman & Sterling LLP
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`
`
`
` /Patrick R. Colsher/
`Patrick R. Colsher (Reg. No. 74,955)
`Mark A. Hannemann (pro hac vice)
`Joseph M. Purcell, Jr. (pro hac vice)
`599 Lexington Ave
`New York, NY 10022
`Tel: (212) 848-7708
`
`Counsel for Patent Owner
`Robert Bosch LLC
`
`
`
`2
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`
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`
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`CERTIFICATE OF FILING
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`The undersigned hereby certifies that, in addition to being electronically
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`filed through E2E, a true and correct copy of the above-captioned PATENT
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`OWNER ROBERT BOSCH LLC’S NOTICE OF APPEAL is being filed by
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`Express Mail (Label No. EE122919915US) with the Director on January 22, 2018,
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`at the following address:
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`Office of the General Counsel
`United States Patent and Trademark Office
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
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`The undersigned also hereby certifies that a true and correct copy of the
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`above-captioned PATENT OWNER ROBERT BOSCH LLC’S NOTICE OF
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`APPEAL and the filing fee is being filed via CM/ECF with the Clerk’s Office of
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`the United States Court of Appeals for the Federal Circuit on January 22, 2018.
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`
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`DATED: January 22, 2018
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`
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`
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`Respectfully submitted,
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`
`
`/Patrick R. Colsher /
`Patrick R. Colsher
`Reg. No. 74,955
`Shearman & Sterling LLP
`599 Lexington Ave
`New York, NY 10022
`Tel: (212) 848-7708
`
`Counsel for Patent Owner
`Robert Bosch LLC
`
`
`
`
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`
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`CERTIFICATE OF SERVICE
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`The undersigned hereby certifies that the foregoing PATENT OWNER
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`ROBERT BOSCH LLC’S NOTICE OF APPEAL was served, in accordance with
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`the parties’ electronic service agreement, via electronic mail on January 22, 2018,
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`on the following counsel of record for Petitioner:
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`Richard M. Koehl (richard.koehl@hugheshubbard.com)
`James R. Klaiber (james.klaiber@hugheshubbard.com)
`David E. Lansky (david.lansky@hugheshubbard.com)
`Stefanie Lopatkin (stefanie.lopatkin@hugheshubbard.com)
`James Dabney (james.dabney@hugheshubbard.com)
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`
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`DATED: January 22, 2018
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`
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`
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`/Patrick R. Colsher /
`Patrick R. Colsher
`Reg. No. 74,955
`Shearman & Sterling LLP
`599 Lexington Ave
`New York, NY 10022
`Tel: (212) 848-7708
`
`Counsel for Patent Owner
`Robert Bosch LLC
`
`
`
`
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