`__________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`__________
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` SAMSUNG ELECTRONICS CO., LTD., and
`SAMSUNG ELECTRONICS AMERICA, INC.,
`Petitioner
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`v.
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`PAPST LICENSING GMBH & CO., KG
`Patent Owner
`___________
`
`Inter Partes Review No. IPR2016-01733
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`U.S. Patent No. 9,189,437 B2
`___________
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`PATENT OWNER'S NOTICE OF APPEAL
`TO THE UNITED STATES COURT OF APPEALS
`FOR THE FEDERAL CIRCUIT
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`Mail Stop: PATENT BOARD
`Patent Trial and Appeal Board
`U.S. Patent & Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
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`10482754
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`IPR2016-01733
`Patent No. 9,189,437 B2
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`Notice is hereby given, pursuant to 37 C.F.R. § 90.2(a), that Patent
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`Owner Papst Licensing GmbH & Co. KG ("Papst") hereby appeals to the
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`United States Court of Appeals for the Federal Circuit from the Patent Trial
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`and Appeal Board's ("PTAB") Final Written Decision in Case No. IPR2016-
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`01733 entered February 2, 2018 ("Final Written Decision"), and from all
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`underlying orders, decisions, rulings, and opinions which adversely affected
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`Papst.
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`In accordance with 37 C.F.R. § 90.2(a)(3)(ii), Papst further indicates that
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`the issues on appeal include, but are not limited to, the Board's determination
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`of unpatentability of claims 1–38 and 43–45 of U.S. Patent No. 9,189,437 ("the
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`'437 patent") under 35 U.S.C. § 103; the Board's claim construction
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`determinations; the Board's application of its construction to the facts of
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`record; the Board's consideration of the record evidence, including but not
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`limited to expert testimony; the constitutionality of inter partes review
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`proceedings by allowing for private property rights to be extinguished through
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`an adversarial process in the Patent and Trademark Office, a non-Article III
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`forum, without a jury (see Oil States Energy Services LLC v. Greene’s Energy
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`Group, LLC, 639 F.App’x 639 (Fed. Cir. 2016), cert. granted in part, 2017
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`U.S. LEXIS 3727 (June 12, 2017)), and all findings or determinations
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`IPR2016-01733
`Patent No. 9,189,437 B2
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`supporting or related to those issues, as well as any other issues decided
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`adversely to Papst 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
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`attached Certificate of Service, this Notice of Appeal is being electronically
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`filed with the Patent Trial and Appeal Board through the PRPS System and the
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`United States Court of Appeals for the Federal Circuit through the CM/ECF
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`System along with the requisite filing fee. A copy is also being served on the
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`Office of the General Counsel at the U.S. Patent and Trademark Office.
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`Dated: April 5, 2018
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`Respectfully Submitted,
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`By:
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` /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
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`Nicholas T. Peters
`Reg. No. 53,456
`FITCH, EVEN, TABIN
`&FLANNERY LLP
`120 South LaSalle Street, Suite 1600
`Chicago, Illinois 60603
`Phone: 312.577.7000
`Facsimile: 312.577.7007
`ntpete@fitcheven.com
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`IPR2016-01733
`Patent No. 9,189,437 B2
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`Paul Henkelmann
`Reg. No. 65,891
`FITCH, EVEN, TABIN &
`FLANNERY LLP
`120 South LaSalle Street, Suite 1600
`Chicago, Illinois 60603
`Phone: 312.577.7000
`Facsimile: 312.577.7007
`phenkelmann@fitcheven.com
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`
`Joseph Marinelli
`Reg. No. 46,898
`FITCH, EVEN, TABIN
`&FLANNERY LLP
`120 South LaSalle Street, Suite 1600
`Chicago, Illinois 60603
`Phone: 312.577.7000
`Facsimile: 312.577.7007
`jmarinelli@fitcheven.com
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`Nicole Little
`pro hac vice
`FITCH, EVEN, TABIN
`&FLANNERY LLP
`120 South LaSalle Street, Suite 1600
`Chicago, Illinois 60603
`Phone: 312.577.7000
`Facsimile: 312.577.7007
`nlittle@fitcheven.com
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`CERTIFICATE OF FILING AND SERVICE
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`The undersigned certifies in accordance with 37 C.F.R. § 42.6(e) that on
`April 5, 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:
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`Brian.Rupp@dbr.com
`Carrie.Beyer@dbr.com
`Nick.Colic@dbr.com
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`and via U.S. Mail at the address of record for lead counsel at:
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`Brian C. Rupp
`DRINKER BIDDLE & REATH LLP
`191 N. Wacker Dr.,
`Suite 3700
`Chicago, IL 60606
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` I
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` 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 April 5, 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 April 5, 2018, with the United States Court of Appeals for the
`Federal Circuit.
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`Dated: April 5, 2018
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`By: /s/ Susan Langworthy/
`Susan Langworthy
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