`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`APPLE INC.,
`Petitioner,
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`v.
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`IMMERSION CORPORATION,
`Patent Owner.
`___________________
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`Case IPR2016-01372
`Patent No. 8,659,571
`________________
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`NOTICE OF APPEAL
`TO THE UNITED STATES COURT OF APPEALS
`FOR THE FEDERAL CIRCUIT
`BY PATENT OWNER IMMERSION CORPORATION
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`10457287
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`Case IPR2016-01372
`Patent No. 8,659,571
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`Director of the United States Patent and Trademark Office
`c/o Office of the General Counsel
`Madison Building East, 10B20
`600 Dulany Street
`Alexandria, VA 22314-5793
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`Notice is hereby given, pursuant to 37 C.F.R. § 90.2(a), that Patent Owner
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`Immersion Corporation (“Immersion” or “Patent Owner”) hereby appeals to the
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`United States Court of Appeals for the Federal Circuit from the Final Written
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`Decisions in IPR2016-01372 entered on January 10, 2018 (the “Final Written
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`Decision”) (Paper 35), and from all underlying orders, decisions, rulings and
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`opinions, including without limitation the Decision to Institute Inter Partes Review
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`in IPR2016-01372 entered on January 11, 2017 (Paper 7).
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`In accordance with 37 C.F.R. § 90.2(a)(3)(ii), Immersion further indicates
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`that the issues on appeal include, but are not limited to, the Board’s determination
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`of unpatentability of claims 1-4, 6, 23-26, and 28 of U.S. Patent No. 8,659,571 (the
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`“’571 Patent”); the Board’s claim construction determinations; the Board’s
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`application and use of the broadest reasonable interpretation standard; the
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`constitutionality of inter partes review proceedings by allowing for private
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`property rights to be extinguished through an adversarial process in the Patent and
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`Trademark Office, a non-Article III forum, without a jury (see Oil States Energy
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`Services LLC v. Greene’s Energy Group, LLC 639 F.App’x 639 (Fed. Cir. 2016),
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`10457287
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`cert. granted (June 12, 2017) (No. 16-712)); and all findings or determinations
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`Case IPR2016-01372
`Patent No. 8,659,571
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`supporting or related to those issues, as well as any other issues decided adversely
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`to Immersion in any orders, decisions, rulings and opinions.
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`Pursuant to 37 C.F.R. § 90.2(a)(1) and (a)(2), and as reflected in the attached
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`Certificate of Service, this Notice of Appeal is being electronically filed with the
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`Patent Trial and Appeal Board through the PRPS System and the United States
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`Court of Appeals for the Federal Circuit through the CM/ECF System along with
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`the requisite filing fee. A copy is also being served on the Office of the General
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`Counsel at the U.S. Patent and Trademark Office.
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`Date: March 14, 2018
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`10457287
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`Respectfully submitted,
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`/s/ Michael R. Fleming
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`Michael R. Fleming (Reg. No. 67,933)
`Babak Redjaian (Reg. No. 42,096)
`Irell & Manella LLP
`1800 Avenue of the Stars, Suite 900
`Los Angeles, CA 90067
`Tel: (310) 277-1010
`Fax: (310) 203-7199
`Email: MFleming@irell.com
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`Attorneys for Patent Owner
`Immersion Corporation
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`CERTIFICATE OF SERVICE
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`Case IPR2016-01372
`Patent No. 8,659,571
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`The undersigned certifies in accordance with 37 C.F.R. § 42.6(e) that on
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`March 14, 2018, a copy of the foregoing NOTICE OF APPEAL TO THE
`UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT
`was served via email, as agreed to by the Parties, on the Petitioners at:
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`James M. Heintz, Reg. No. 41,828
`DLA Piper LLP (US)
`11911 Freedom Drive, Suite 300
`Reston, VA 20190
`703-773-4148 (phone)
`703-773-5200 (fax)
`Apple-Immersion-IPRs@dlapiper.com
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`Robert Buergi
`Reg. No. 58,125
`DLA Piper LLP (US)
`2000 University Ave
`East Palo Alto, CA 94303
`Phone: 650-833-2407
`Fax: 650-687-1144
`robert.buergi@dlapiper.com
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`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 March 14, 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.
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` I
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` further certify that a copy of the foregoing Notice of Appeal was filed
`via CM/ECF on March 14, 2018, with the United States Court of Appeals for
`the Federal Circuit.
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`Dated: March 14, 2018
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`By: /s/ Babak Redjaian
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`10457287
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