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`IPR2016-00754
`Patent 8,559,635 B1
`Patent Owner’s Notice of Appeal
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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`APPLE INC.,
`Petitioner,
`v.
`PERSONALIZED MEDIA COMMUNICATIONS LLC,
`Patent Owner
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`IPR2016-00754
`Patent No. 8,559,635 B1
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`PATENT OWNER’S NOTICE OF APPEAL
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`IPR2016-00754
`Patent 8,559,635 B1
`Patent Owner’s Notice of Appeal
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`Pursuant to 35 U.S.C. §§ 141-144 and 319, and 37 C.F.R. §§ 90.2 and 90.3,
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`notice is hereby given that Patent Owner Personalized Media Communications
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`LLC appeals to the United States Court of Appeals for the Federal Circuit from the
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`Final Written Decision entered September 8, 2022 (Paper 57) in IPR2016-00754
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`(Exhibit A), and all prior and interlocutory rulings related thereto or subsumed
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`therein, to the extent they are adverse to Patent Owner. Patent Owner is also filing
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`today a notice of appeal in IPR2016-01520, which the Board resolved in the same
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`Final Written Decision and which addresses claims from the same patent.
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`In accordance with 37 C.F.R. § 90.2(a)(3)(ii), Patent Owner further indicates
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`that the issues on appeal include, but are not limited to:
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`(1) whether the Board erred in holding that claims 7, 21, and 29 are
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`anticipated by U.S. Patent No. 4,337,483 (“Guillou”), including, but not limited to,
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`(a) whether the Board erred in construing the word “processor” in independent
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`claim 21 to encompass any “device that operates on data,” as opposed to a device
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`that performs operations according to instructions; and (b) whether, in construing
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`the word “processor,” the Board failed to adequately account for the applicant’s
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`statements made during prosecution;
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`(2) whether the Board erred in holding that claims 4, 13, 28, and 30 are
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`obvious based on Guillou, including, but not limited to, (a) whether the Board
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`IPR2016-00754
`Patent 8,559,635 B1
`Patent Owner’s Notice of Appeal
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`erred in construing “video” in claim 4 to include teletext; (b) whether the Board
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`erred in construing “executable instructions” in claim 13 to encompass data
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`processed by a device as opposed to instructions that control the operation of a
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`device; (c) whether the Board erred in construing “changing a decryption
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`technique” in claim 13 to encompass changing a decryption key; and (d) whether,
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`in construing the terms identified in (a)-(c) above, the Board failed to adequately
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`account for the applicant’s statements made during prosecution;
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`(3) whether the Board erred in holding that claim 4 is obvious based on U.S.
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`Patent No. 4,388,643 (“Aminetzah”) and U.S. Patent No. 3,743,767 (“Bitzer”),
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`including, but not limited to, (a) whether the Board erred in construing “video” in
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`claim 4 to include teletext; and (b) whether, in construing “video” in claim 4 to
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`include teletext, the Board failed to adequately account for the applicant’s
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`statements made during prosecution;
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`(4) whether, in arriving at its decision, the Board acted in a manner that was
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`arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with
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`law, or based on factual findings unsupported by substantial evidence; and
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`(5) whether the Board erred in any finding or determination supporting or
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`related to those issues, as well as all other issues decided adversely to Patent
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`Owner in any orders, decisions, rulings, and opinions.
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`IPR2016-00754
`Patent 8,559,635 B1
`Patent Owner’s Notice of Appeal
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`Pursuant to 37 C.F.R. § 90.3, this Notice of Appeal is timely, having been
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`filed within 63 days after the date of the Final Written Decision.
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`Pursuant to 35 U.S.C. § 142 and 37 C.F.R. § 90.2(a), a copy of this Notice of
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`Appeal is being filed simultaneously with the Patent Trial and Appeal Board, the
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`Clerk’s Office for the United States Court of Appeals for the Federal Circuit, and
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`the Director of the Patent and Trademark Office.
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`Dated: November 10, 2022
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`Respectfully submitted,
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`/Douglas J. Kline/
`Douglas J. Kline (Reg. No. 35,574)
`GOODWIN PROCTER LLP
`100 Northern Avenue
`Boston, MA 02210-1980
`Tel.: (617) 570-1000
`Fax: (617) 523-1231
`dkline@goodwinlaw.com
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`Counsel for Patent Owner
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`IPR2016-00754
`Patent 8,559,635 B1
`Patent Owner’s Notice of Appeal
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`CERTIFICATE OF FILING AND SERVICE
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`Pursuant to 37 C.F.R. §§ 90.2(a)(1) and 104.2(a), I hereby certify that, in
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`addition to being filed electronically through the Patent Trial and Appeal Board’s
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`P-TACTS system, a true and correct original version of the foregoing PATENT
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`OWNER’S NOTICE OF APPEAL is being filed by hand delivery on November
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`10, 2022, with the Director of the United States Patent and Trademark Office, at
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`the following address:
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`Director of the United States Patent and Trademark Office
`c/o Office of the General Counsel
`Madison Building East
`600 Dulany Street
`Alexandria, VA 22313
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`Pursuant to 37 C.F.R. § 90.2(a)(2) and Federal Circuit Rule 15(a)(1), and
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`Rule 52(a), (e), I hereby certify that a true and correct copy of the foregoing
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`PATENT OWNER’S NOTICE OF APPEAL is being filed in the United States
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`Court of Appeals for the Federal Circuit on this day, November 10, 2022, and that
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`the filing fee is being paid electronically using pay.gov.
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`I further certify that the foregoing PATENT OWNER’S NOTICE OF
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`APPEAL was served electronically via e-mail, as agreed to by counsel, on
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`November 10, 2022, on the following counsel for Petitioner:
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`Marcus Sernel
`Joel Merkin
`Eugene Goryunov
`Gregory Arovas
`Alan Rabinowitz
`KIRKLAND & ELLIS LLP
`msernel@kirkland.com
`jmerkin@kirkland.com
`egoryunov@kirkland.com
`garovas@kirkland.com
`arabinowitz@kirkland.com
`Apple-PMC-PTAB@kirkland.com
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`IPR2016-00754
`Patent 8,559,635 B1
`Patent Owner’s Notice of Appeal
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`/Douglas J. Kline/
`Douglas J. Kline (Reg. No. 35,574)
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