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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. and
`LG ELECTRONICS, INC.,
`Petitioners,
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`v.
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`FASTVDO LLC,
`Patent Owner.
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`_______________
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`Case IPR2016-012031
`Patent 5,850,482
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`_______________
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`PATENT OWNER FASTVDO LLC’S
`NOTICE OF APPEAL
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`1 LG Electronics, Inc. filed a petition in (now terminated) IPR2017-00683 and has
`been joined to the instant proceeding.
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`Case IPR2016-01203
`Patent 5,850,482
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`Pursuant to 35 U.S.C. §§ 141, 142, and 319, and in accordance with 37
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`C.F.R. §§ 90.2-90.3, Patent Owner FastVDO LLC appeals to the United States
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`Court of Appeals for the Federal Circuit from the Final Written Decision of the
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`Patent Trial and Appeal Board entered on December 11, 2017 in IPR2016-01203
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`(Paper 39), and from all underlying findings, determinations, orders, decisions,
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`rulings and opinions regarding the inter partes review of U.S. Patent No. 5,850,482
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`(“the ’482 Patent”), including the DECISION Instituting Inter Partes Review
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`entered on December 16, 2016 (Paper 14).
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`For the limited purpose of providing the Director with the information
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`requested in 37 C.F.R. § 90.2(a)(3)(ii), Patent Owner anticipates that the issues on
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`appeal may include, but are not limited to, the following, as well as any underlying
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`findings, determinations, orders, decisions, rulings, opinions, or other related
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`issues:
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` Whether the Patent Trial and Appeal Board’s decision finding that claims 1-
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`3, 5, 7-10, 12-14, 16, 22-25, 28, and 29 of the ’482 patent are unpatentable
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`was “arbitrary, capricious, an abuse of discretion, or otherwise not in
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`accordance with law; … in excess of statutory jurisdiction, authority or
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`limitations, or … without observance of procedure required by law; [or]
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`unsupported by substantial evidence … .” 5 U.S.C. § 706(2)(A)-(E); and
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`1
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`Case IPR2016-01203
`Patent 5,850,482
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` Whether inter partes review, an adversarial process used by the Patent and
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`Trademark Office (PTO) to analyze the validity of existing patents, violates
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`the Constitution by extinguishing property rights through a non-Article III
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`forum without a jury and without affording due process to patent owners.
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`Simultaneous with the electronic submission of this Notice of Appeal to the
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`Patent Trial and Appeal Board, a copy of this Notice of Appeal is being filed with
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`the United States Patent and Trademark Office by way of hand delivery to the
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`Office of General Counsel to:
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`Office of the General Counsel
`United States Patent and Trademark Office
`Madison East
`10B20 600 Dulany Street
`Alexandria, Virginia 22314
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`In addition, consistent with Federal Circuit Rules 15(a)(1) and 25(b)(1), this
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`Notice of Appeal, along with the required docketing fees and copies of the
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`decisions of the agency for which review is sought, are being filed electronically
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`with the United States Court of Appeals for the Federal Circuit, and one paper
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`copy of the Notice of Appeal is being provided to the Clerk’s Office:
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`2
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`Case IPR2016-01203
`Patent 5,850,482
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`Clerk of Court
`United States Court of Appeals for the Federal Circuit
`717 Madison Place, NW, Room 401
`Washington, DC 20439
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`Any required fees to the United States Patent and Trademark Office may be
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`charged to Deposit Account No. 50-1860.
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`Dated: February 9, 2018
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`Respectfully submitted,
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` By: /s/ Wayne M. Helge
`Wayne M. Helge (Reg. No. 56,905)
`Davidson Berquist Jackson &
`Gowdey, LLP
`8300 Greensboro Drive, Suite 500
`McLean, VA 22102
`Telephone: 571-765-7700
`Fax: 571-765-7200
`Email: whelge@dbjg.com
`Lead Counsel for Patent Owner
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`3
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`Case IPR2016-01203
`Patent 5,850,482
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`CERTIFICATE OF SERVICE
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`I hereby certify that on February 9, 2018, a true and correct copy of the
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`foregoing Patent Owner’s Notice of Appeal was served via email, by consent, to
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`Petitioners by serving the correspondence email addresses of record as follows:
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`David L. Fehrman
`Reg. No. 28,600
`Martin M. Noonen
`Reg. No. 44,264
`Morrison & Foerster, LLP
`707 Wilshire Blvd., Suite 6000
`Los Angeles, CA 90017-3543
`Telephone: (213) 892-5601
`Facsimile: (213) 892-5454
`dfehrman@mofo.com
`mnoonen@mofo.com
`10694-FastVDO-IPR@mofo.com
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`David N. Makous
`Registration No. 29,559
`Jonathan Kang
`Registration No. 38,199
`Lee, Hong, Degerman, Kang & Waimey
`660 S. Figueroa St, Suite 2300
`Los Angeles, CA 90017-3543
`Tel: (213) 244-7064
`Fax: (213) 623-2211
`dmakous@lhlaw.com
`jkang@lhlaw.com
`patent@lhlaw.com
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`By: /s/ Wayne M. Helge
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`Registration No. 56,905
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`Counsel for Patent Owner
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`4
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