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`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`—————
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`—————
`
`APPLE INC.,
`
`Petitioner,
`
`v.
`
`PERSONALIZED MEDIA COMMUNICATIONS, LLC,
`
`
`Patent Owner.
`
`—————
`
`Case IPR2016-00755
`Patent 8,191,091
`
`—————
`
`Before KARL D. EASTHOM, KEVIN F. TURNER, and
`GEORGIANNA W. BRADEN, Administrative Patent Judges.
`
`
`
`
`PATENT OWNER’S NOTICE OF APPEAL
`
`
`
`
`
`NOTICE OF APPEAL TO THE FEDERAL CIRCUIT
`
`IPR2016-00755
`Patent 8,191,091
`
`
`Notice is hereby given, pursuant to 35 U.S.C. §§ 141 and 142 and 37 C.F.R.
`
`§ 90.2, that Patent Owner Personalized Media Communications, LLC hereby
`
`appeals to the United States Court of Appeals for the Federal Circuit from the Final
`
`Written Decision (FWD) entered on September 19, 2017, (Paper 42), the Decision
`
`on the Request for Rehearing (RfR) entered on March 6, 2018, (Paper 44), and
`
`from all underlying orders, decisions, rulings and opinions, regarding claims 13,
`
`14-16, 18, 20-21, 23-24, 26-27, and 30 (“Challenged Claims”) of U.S. Pat. No.
`
`8,191,091 (“the ’091 Patent”).
`
`In accordance with 37 C.F.R. § 90.2(a)(3)(ii), Patent Owner further states
`
`that the issues on appeal include, but are not limited to:
`
`(1) Whether the Board erred as a matter of law in construing “decrypt”
`
`and “decrypting.”
`
`(2) Whether the Board erred as a matter of law in construing “encrypted
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`digital information transmission.”
`
`(3) Whether the Board erred as a matter of law in construing the phrase
`
`“locating said first decryption key.”
`
`(4) Whether the Board erred in determining that the Challenged Claims
`
`are not entitled to priority to U.S. Pat. No. 4,694,490.
`
`(5) Whether the Board incorrectly held that claims 13-15, 18, 20, and 23-
`
`1
`
`
`
`
`24 were anticipated by U.S. Pat. No. 4,613,901 to Gilhousen, et al.
`
`IPR2016-00755
`Patent 8,191,091
`
`
`(6) Whether the Board incorrectly held that claims 13-15, 18, 20, and 23-
`
`24 were anticipated by U.S. Pat. No. 4,736,422 to Mason.
`
`(7) Whether the Board incorrectly held that claims 26 and 30 were
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`anticipated by U.S. Pat. No. 4,712,239 to Frezza, et al.
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`(8) Whether the Board incorrectly held that claims 16, 21 and 27 were
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`obvious based on any one of Gilhousen, Mason, or Frezza, in view of U.S. Pat. No.
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`4,484,217 to Block, et al.
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`(9) Whether the Board erred in refusing to grant Patent Owner’s
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`contingent motion to amend (Paper 21).
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`(10) Whether in arriving at its decision the Board acted in a manner that
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`was arbitrary, capricious, an abuse of discretion, or otherwise not in accordance
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`with law.
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`Concurrently with this submission, a copy of this Notice of Appeal is being
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`filed with the Patent Trial and Appeal Board, and a copy is being filed
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`electronically with the United States Court of Appeals for the Federal Circuit along
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`with the requisite filing fee. No fees are believed to be due to the United States
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`Patent and Trademark Office in connection with this filing, but authorization is
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`hereby given for any required fees to be charged to Deposit Account No. 50-6989.
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`
`
`
`
`2
`
`
`
`
`Dated: May 7, 2018
`
`Respectfully submitted,
`
`IPR2016-00755
`Patent 8,191,091
`
`
`
`
`
`
`
`By: /Stephen T. Schreiner/
`
`Stephen T. Schreiner
`Jennifer A. Albert
`William M. Jay
`GOODWIN PROCTER LLP
`901 New York Avenue NW
`Washington, DC 20001
`(202) 346-4000
`
`Douglas J. Kline
`GOODWIN PROCTER LLP
`100 Northern Ave.
`Boston, MA 02210
`(617) 570-1000
`
`Attorneys for Patent Owner
`
`3
`
`
`
`
`
`
`CERTIFICATE OF SERVICE
`
`IPR2016-00755
`Patent 8,191,091
`
`
`The undersigned hereby certifies that a true and correct copy of the
`
`foregoing PATENT OWNER’S NOTICE OF APPEAL was served on May 7,
`
`2018, via email, to attorneys for Petitioners:
`
`
`
`Marcus E. Sernel
`Joel R. Merkin
`Eugene Goryunov
`Gregory Arovas
`KIRKLAND & ELLIS LLP
`marc.sernel@kirkland.com
`joel.merkin@kirkland.com
`eugene.goryunov@kirkland.com
`greg.arovas@kirkland.com
`Apple-PMC-PTAB@kirkland.com
`
`The undersigned certifies that, in addition to being filed electronically
`
`
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`through the Patent Trial and Appeal Board End to End (PTAB E2E) system on
`
`May 7, 2018, a true and correct copy of the foregoing PATENT OWNER’S
`
`NOTICE OF APPEAL was served May 7, 2018, on the Director of the United
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`States Patent and Trademark Office at the following address:
`
`Director of the United States Patent and Trademark Office
`c/o Office of the General Counsel
`Madison Building East, 10B20
`600 Dulany Street
`Alexandria, VA 22314-5793
`
`
`
`
`
`
`
`
`
`The undersigned also certifies that a true and correct copy of the foregoing
`
`IPR2016-00755
`Patent 8,191,091
`
`
`PATENT OWNER’S NOTICE OF APPEAL was filed electronically on May 7,
`
`2018, with the United States Court of Appeals for the Federal Circuit.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`By:
`
`
`
`
`Stephen T. Schreiner
`
`Stephen T. Schreiner
`Registration No.: 43,097
`Goodwin Procter LLP
`901 New York Avenue, NW
`Washington, DC 20001
`(202) 346-4336
`
`
`
`
`
`
`
`
`
`
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