`
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`_______________
`
`APPLE INC.,
`Petitioner,
`
`v.
`
`REALTIME DATA, LLC D/B/A/ IXO,
`Patent Owner.
`
`_______________
`
`Case IPR2016-01365
`Patent 7,181,608 B2
`
`_______________
`
`PATENT OWNER REALTIME DATA, LLC D/B/A IXO’S
`NOTICE OF APPEAL
`
`
`
`Case No. IPR2016-01365
`Patent No. 7,181,608 B2
`
`Notice is hereby given, pursuant to 37 C.F.R. § 90.2(a), that Patent Owner
`
`Realtime Data, LLC d/b/a IXO appeals under 35 U.S.C. § 141 to the United States
`
`Court of Appeals for the Federal Circuit from the Final Written Decision entered on
`
`January 17, 2018 (Paper 26) and from all underlying orders, decisions, rulings and
`
`opinions regarding U.S. Patent No. 7,181,608 B2 (“the ’608 Patent”).
`
`For the limited purpose of providing the Director with the information
`
`requested in 37 C.F.R. § 90.2(a)(3)(ii), Patent Owner anticipates that the issues on
`
`appeal may include, but are not limited to, the following, as well as any underlying
`
`findings, determinations, ruling, decisions, opinions, or other related issues:
`
`• Whether the Patent Trial and Appeal Board’s decision finding that
`
`claims 1-31 of the ’608 Patent are unpatentable was “arbitrary,
`
`capricious, an abuse of discretion, or otherwise not in accordance with
`
`law; [or] . . . unsupported by substantial evidence . . . .” 5 U.S.C. §
`
`706(2)(A)-(E).
`
`• Whether the Patent Trial and Appeal Board erred in construing the
`
`terms “preloading” and “encoder.”
`
`Simultaneous with the electronic submission of this Notice of Appeal to the
`
`Patent Trial and Appeal Board, a copy of this Notice of Appeal is being filed with
`
`the United States Patent and Trademark Office by way of hand delivery to the Office
`
`of General Counsel to:
`
` 2
`
`
`
`Case No. IPR2016-01365
`Patent No. 7,181,608 B2
`
`Office of the General Counsel
`United States Patent and Trademark Office
`Madison Building East, Room 10B20
`600 Dulany Street
`Alexandria, Virginia 22314
`
`In addition, this Notice of Appeal is being electronically filed with the United
`
`States Court of Appeals for the Federal Circuit, along with the required docketing
`
`fee and a copy of the decision and order of the agency for which review is sought,
`
`consistent with Federal Circuit Rules 15(a)(1) and 25(b)(1).
`
`
`
`
`
`Date: February 1, 2018
`
`Respectfully Submitted,
`
`
`
`/Richard Z. Zhang/
`Richard Z. Zhang (Reg. No. 73,397)
`Joseph F. Edell (Reg. No. 67,625)
`Fisch Sigler LLP
`5301 Wisconsin Avenue NW
`Fourth Floor
`Washington, DC 20015
`Phone: (202) 362-3527
`Fax: (202) 362-3501
`Email: Richard.Zhang.IPR@fischllp.com
`Email: Joe.Edell.IPR@fischllp.com
`
`Counsel for Patent Owner
`
`
`
`
`
`
`
`
`
` 3
`
`
`
`Case No. IPR2016-01365
`Patent No. 7,181,608 B2
`
`
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that on February 1, 2018, a true and correct copy of the
`
`foregoing Patent Owner’s Notice of Appeal is being served electronically to the
`
`Petitioner at the correspondence email address of record provided in the Petition as
`
`follows:
`
`W. Karl Renner (Lead Counsel) IPR39521-0023IP1@fr.com
`
`
`
`
`
`Date: February 1, 2018
`
`Respectfully Submitted,
`
`
`
`/Richard Z. Zhang/
`Richard Z. Zhang (Reg. No. 73,397)
`Fisch Sigler LLP
`5301 Wisconsin Avenue NW
`Fourth Floor
`Washington, DC 20015
`Phone: (202) 362-3527
`Fax: (202) 362-3501
`Email: Richard.Zhang.IPR@fischllp.com
`
` 4
`
`
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