`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`_____________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`_____________________
`
`APPLE INC.,
`Petitioner
`v.
`VOIP-PAL.COM, INC.,
`Patent Owner.
`_____________________
`
`IPR2016-01201
`U.S. Patent No. 8,542,815
`_____________________
`
`NOTICE OF APPEAL
`
`Mail Stop Patent Board
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`
`
`
`
`
`
`Pursuant to 35 U.S.C. §§ 141 and 142 and 37 C.F.R. § 90.2(a), Petitioner
`
`Apple Inc. hereby provides notice that it appeals to the United States Court of
`
`Appeals for the Federal Circuit from the Final Written Decision of Inter Partes
`
`Review No. IPR2016-01201 entered November 20, 2017 (Paper 53) and from all
`
`underlying findings, orders, decisions, rulings, and opinions.
`
`Petitioner notes that the Board’s ruling in Paper 54 stayed the deadline for
`
`filing a request for rehearing of the final written decision pending a decision on
`
`Petitioner’s Motion for Sanctions. Out of an abundance of caution and in order to
`
`ensure that Petitioner’s right to appeal the Final Written Decision is preserved,
`
`Petitioner hereby files this Notice of Appeal.
`
`In accordance with 37 C.F.R. § 90.2(a)(3)(ii), Petitioner states that the issues
`
`for appeal include, but are not limited to: the Board’s determination that certain
`
`claims of U.S. Patent No. 8,542,815 (the ’815 Patent) are not unpatentable as
`
`obvious; the Board’s procedural irregularities following Patent Owner’s frequent
`
`ex parte communication with the Board, including, but not limited to, a change in
`
`the composition of the Board panel; and the Board’s factual findings, conclusions
`
`of law, or other determinations supporting or relating to the above issues.
`
`Pursuant to 35 U.S.C. § 142 and 37 C.F.R. § 90.2(a), this Notice is being
`
`filed with the Director of the United States Patent and Trademark Office.
`
`Simultaneous with this submission, a copy of this Notice is being filed with the
`
`2
`
`
`
`
`
`Patent Trial and Appeal Board. In addition, a copy of this Notice, along with the
`
`required docketing fees, is being filed with the Clerk’s Office for the United States
`
`Court of Appeals for the Federal Circuit.
`
`
`
`DATED: January 22, 2018
`
`Respectfully submitted,
`
`/s/ Adam P. Seitz
`
`
`Adam P. Seitz, Reg. No. 52,206
`Eric A. Buresh, Reg. No. 50,394
`ERISE IP, P.A.
`7015 College Blvd., Suite 700
`Overland Park, KS 66211
`(913) 777-5600 Phone
`(913) 777-5601 Fax
`eric.buresh@eriseip.com
`adam.seitz@eriseip.com
`
`Paul R. Hart, Reg. No. 59,646
`ERISE IP, P.A.
`5600 Greenwood Plaza Blvd., Suite 200
`Greenwood Village, CO 80111
`(913) 777-5600 Phone
`(913) 777-5601 Fax
`paul.hart@eriseip.com
`
`ATTORNEYS FOR PETITIONER
`
`3
`
`
`
`
`
`
`
`CERTIFICATE OF SERVICE
`
`The undersigned certifies that, in addition to being filed electronically
`
`through the Patent Trial and Appeal Board’s End to End system (PTAB E2E), the
`
`foregoing Notice of Appeal was filed by Express Mail on January 22, 2018, with
`
`the Director of the United 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
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`The undersigned certifies that a copy of the foregoing Notice of Appeal,
`
`
`
`
`
`along with the required docket fee, was filed on January 22, 2018, with the Clerk’s
`
`Office of the United States Court of Appeals for the Federal Circuit through the
`
`Court’s CM/ECF filing system.
`
`
`
`The undersigned certifies service pursuant to 37 C.F.R. § 42.6(e) of a copy
`
`of this Notice of Appeal by electronic mail on January 22, 2018, on the counsel of
`
`record for Patent Owner:
`
`Kerry Taylor, Reg. No. 43,947
`2kst@knobbe.com
`John M. Carson, Reg. No. 34,303
`2jmc@knobbe.com
`Knobbe, Martens, Olson & Bear, LLP
`2040 Main Street, 14th Floor
`Irvine, CA 92614
`858-707-4000 Phone
`858-707-4001 Fax
`
`4
`
`Stephen Melvin
`melvin@zytek.com
`Zytek Communications Corporation
`114 W. Magnolia St., Suite 400-113
`Bellingham, WA 98225
`360-543-5611
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Kevin M. Malek
`Malek Moss Legal Group
`340 Madison Ave., 19th Floor
`New York, NY 10173
`212-812-1491 Phone
`kevin.malek@malekmoss.com
`
`DATED: January 22, 2018
`
`
`
`By: Adam P. Seitz
`Adam P. Seitz, Reg. No. 52,206
`
`
`
`ATTORNEY FOR PETITIONER
`
`5
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
