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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`
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`APPLE INC.
`Petitioner
`v.
`VOIP-PAL.COM, INC.
`Patent Owner
`
`
`
`Case No. IPR2016-01201
`Patent 8,542,815
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`
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`AMENDED NOTICE OF APPEAL
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`Mail Stop Patent Board
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
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`Pursuant to 35 U.S.C. §§ 141 and 142 and 37 C.F.R. § 90.2(a), Petitioner
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`Apple Inc. hereby amends its Notice of Appeal (Paper 64) to state that it appeals to
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`the United States Court of Appeals for the Federal Circuit from the Decision
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`Denying Petitioner’s Request for Rehearing of Inter Partes Review No. IPR2016-
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`01198 and IPR2016-1201, entered May 24, 2019 (Paper 75), the Board’s December
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`21, 2018 Ruling on Petitioner’s Motion for Sanctions (Paper 70), the Board’s
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`November 20, 2017 Final Written Decision (Paper 53), and from all underlying
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`findings, orders, decisions, rulings, and opinions.
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`In accordance with 37 C.F.R. § 90.2(a)(3)(ii), Petitioner states that the issues
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`for appeal include, but are not limited to: the Board’s determination that certain
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`claims of U.S. Patent Nos. 9,179,005 (the ’005 Patent) and 8,542,815 (the ‘815
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`Patent) are not unpatentable as obvious; the Board’s December 21, 2018, Ruling on
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`Petitioner’s Motion for Sanctions (Paper 70); whether Apple was provided due
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`process in these proceedings; the Board’s procedural irregularities following Patent
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`Owner’s frequent ex parte communication with the Board, including, but not limited
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`to, a change in the composition of the Board panel; and the Board’s factual findings,
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`conclusions of law, or other determinations supporting or relating to the above
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`issues.
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`Pursuant to 35 U.S.C. § 142 and 37 C.F.R. § 90.2(a), this Notice is being filed
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`with the Director of the United States Patent and Trademark Office. Petitioner
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`2
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`previously filed a Notice of Appeal with the United States Court of Appeals for the
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`Federal Circuit while its Motion for Sanctions was pending. That appeal (Appeal
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`Nos. 2018-1456, -1457) was stayed pending a ruling on the Motion for Sanctions
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`and a ruling on the Request for Rehearing. Petitioner also is requesting a lifting of
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`the stay of the existing appeal and will submit a copy of this Notice in the pending
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`appeal at the United States Court of Appeals for the Federal Circuit.
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`DATED: May 30, 2019
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`Respectfully submitted,
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`/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
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`3
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`CERTIFICATE OF SERVICE
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`The undersigned certifies that, in addition to being filed electronically through
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`
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`the Patent Trial and Appeal Board’s End to End system (PTAB E2E), the foregoing
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`Notice of Appeal will be filed with the existing appeal (Appeal Nos. 2018-1456 and
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`-1457) as noted above.
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`
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`The undersigned certifies service pursuant to 37 C.F.R. § 42.6(e) of a copy of
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`this Notice of Appeal by electronic mail on May 30, 2010, on the counsel of record
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`for Patent Owner:
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`DATED: May 30, 2019
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`
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`Kerry Taylor, Reg. No. 43,947
`John M. Carson, Reg. No. 34,303
`Email: BoxDigifonica@knobbe.com
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`Ryan Thomas, pro hac vice
`Email: thomasattorney711@gmail.com
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`Stephen Melvin, Reg. No. 50,467
`Email: melvin@zytek.com
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`Kevin N. Malek, Reg. No. 53,938
`Email: kevin.malek@malekmoss.com
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`By: /s/ Adam P. Seitz
`Adam P. Seitz, Reg. No. 52,206
`ATTORNEY FOR PETITIONER
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`4
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