`__________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`__________
`
`CANON INC., CANON U.S.A., INC.,
`CANON FINANCIAL SERVICES, INC., FUJIFILM CORPORATION,
`FUJIFILM HOLDINGS AMERICA CORPORATION,
`FUJIFILM NORTH AMERICA CORPORATION, JVC KENWOOD
`CORPORATION, JVCKENWOOD USA CORPORATION,
`NIKON CORPORATION, NIKON INC., OLYMPUS CORPORATION,
`OLYMPUS AMERICA INC., PANASONIC CORPORATION, PANASONIC
`CORPORATION OF NORTH AMERICA,
`SAMSUNG ELECTRONICS CO., LTD., and
`SAMSUNG ELECTRONICS AMERICA, INC.,
`Petitioner
`
`v.
`
`PAPST LICENSING GMBH & CO., KG
`Patent Owner
`___________
`
`Inter Partes Review No. IPR2016-01213
`
`U.S. Patent No. 8,504,746
`___________
`
`PATENT OWNER’S NOTICE OF APPEAL
`TO THE UNITED STATES COURT OF APPEALS
`FOR THE FEDERAL CIRCUIT
`
`
`
`
`Mail Stop: PATENT BOARD
`Patent Trial and Appeal Board
`U.S. Patent & Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`10440284
`
`
`
`
`
`
`
`
`
`
`Notice is hereby given, pursuant to 37 C.F.R. § 90.2(a), that Patent
`
`Owner Papst Licensing GmbH & Co. KG ("Papst") hereby appeals to the
`
`United States Court of Appeals for the Federal Circuit from the Patent Trial
`
`and Appeal Board’s (“PTAB”) Final Written Decision in Case No. IPR2016-
`
`01213 entered December 11, 2017 (“Final Written Decision”), and from all
`
`underlying orders, decisions, rulings, and opinions which adversely affected
`
`Papst.
`
`In accordance with 37 C.F.R. § 90.2(a)(3)(ii), Papst further indicates that
`
`the issues on appeal include, but are not limited to, the Board's determination
`
`of unpatentability of claims 1–3, 6–10, 15, 17–19, 21, 23, 24, 25, 31, 34, and
`
`35 of U.S. Patent No. 8,504,746 ("the '746 patent") under 35 U.S.C. § 103; the
`
`Board's claim construction determinations; the Board's application of its
`
`construction to the facts of record; the Board's consideration of the record
`
`evidence, including but not limited to expert testimony; and all findings or
`
`determinations supporting or related to those issues, as well as any other issues
`
`decided adversely to Papst in any orders, decisions, rulings and opinions.
`
`Pursuant to 37 C.F.R. § 90.2(a)(1) and (a)(2), and as reflected in the
`
`attached Certificate of Service, this Notice of Appeal is being electronically
`
`filed with the Patent Trial and Appeal Board through the PRPS System and the
`
`United States Court of Appeals for the Federal Circuit through the CM/ECF
`
`10440284
`
`
`- 2 -
`
`
`
`
`
`
`
`System along with the requisite filing fee. A copy is also being served on the
`
`Office of the General Counsel at the U.S. Patent and Trademark Office.
`
`
`
`Respectfully Submitted,
`
`
`
`Dated: February 6, 2018
`
`By:
`
` /Michael R. Fleming/
`Michael R. Fleming
`
`
`Michael R. Fleming
`Reg. No. 67,933
`IRELL & MANELLA LLP
`1800 Avenue of the Stars, Suite 900
`Los Angeles, CA 90067-4276
`Telephone: (310) 277-1010
`Facsimile: (310) 203-7199
`MFleming@irell.com
`
`
`
`
`
`
`
`
`
`
`
`10440284
`
`
`- 3 -
`
`
`
`
`
`
`
`CERTIFICATE OF FILING AND SERVICE
`
`The undersigned certifies in accordance with 37 C.F.R. § 42.6(e) that on
`February 6, 2018, a copy of the foregoing PATENT OWNER’S NOTICE OF
`APPEAL TO THE UNITED STATES COURT OF APPEALS FOR THE
`FEDERAL CIRCUIT was served via email on the Petitioners at:
`
`PapstPTABPetitioners@Jonesday.com
`
`via U.S. Mail at the address of record for lead counsel at:
`
`Gregory S. Cordrey
`Jeffer Mangels Butler & Mitchell, LLP
`3 Park Plaza, Suite 1100
`Irvine, CA 92614
`
` I
`
` also certify that in addition to being filed electronically with the Board
`through its PRPS System, the original of the foregoing Notice of Appeal is
`being served, pursuant to 37 C.F.R. § 104.2, by hand on February 6, 2018 to
`the United States Patent and Trademark Office at the following address: Office
`of the General Counsel, 10B20, Madison Building East, 600 Dulany Street,
`Alexandria, Virginia.
`
` I
`
` further certify that a copy of the foregoing Notice of Appeal was filed
`via CM/ECF on February 6, 2018, with the United States Court of Appeals for
`the Federal Circuit.
`
`
`Dated: February 6, 2018
`
`
`
`By: /s/ Rose Kautz
`Rose Kautz
`
`10440284
`
`
`- 4 -
`
`
`
`
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