`
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`____________
`
`Samsung Electronics Co., Ltd. and
`Samsung Electronics America, Inc.,
`Petitioner,
`v.
`Papst Licensing GmbH & Co., KG,
`Patent Owner
`
`
`
`
`
`
`
`
`CASE: IPR2016-01733
`Patent No. 9,189,437 B2
`
`
`
`
`
`
`PETITIONER’S NOTICE OF CROSS APPEAL
`
`
`
`Case No. IPR2016-01733
`Patent No. 9,189,437
`Notice is hereby given, pursuant to 35 U.S.C. §§ 141, 142, and 319;
`
`
`
`37 C.F.R. §§ 90.2, 90.3, and 104.2; Rule 4(a)(3) of the Federal Rules of Appellate
`
`Procedure; and Rule 15 of the Federal Circuit Rules, that Petitioner Samsung
`
`Electronics Co., Ltd. and Samsung Electronics America, Inc. (“Petitioner”) hereby
`
`cross appeals under 35 U.S.C. §§ 141 and 142 to the United States Court of
`
`Appeals for the Federal Circuit from the Final Written Decision entered on
`
`February 2, 2018 (Paper No. 24) (the “Final Written Decision”), and from all
`
`underlying orders, decisions, rulings, and opinions.
`
`
`
`In accordance with 37 C.F.R. § 90.2(a)(3)(ii), Petitioner further indicates
`
`that the issues on appeal include, but are not limited to, the determination that
`
`claims 39-42 of U.S. Patent No. 9,189,437 have not been shown to be unpatentable
`
`and any finding or determination supporting or related to those issues, as well as all
`
`other issues decided adversely to Petitioner in any orders, decisions, rulings, and
`
`opinions.
`
`
`
`Copies of this Notice of Cross Appeal are being filed simultaneously with
`
`the Director, the Board, and the Clerk of the United States Court of Appeals for the
`
`
`
`Federal Circuit.
`
`
`
`
`
`-1-
`
`
`
`
`
`Dated: April 6, 2018
`
`
`
`
`
`
`Case No. IPR2016-01733
`Patent No. 9,189,437
`Respectfully submitted,
`
`/s/ Carrie A. Beyer
`Carrie A. Beyer
`Reg. No. 59,195
`Drinker Biddle & Reath LLP
`191 N. Wacker Dr. #3700
`Chicago, IL 60606
`312-569-1000
`carrie.beyer@dbr.com
`Attorney for Petitioner
`
`-2-
`
`
`
`
`
`Case No. IPR2016-01733
`Patent No. 9,189,437
`
`CERTIFICATE OF FILING
`
`
`
`I hereby certify that, in addition to being filed electronically through the
`
`Patent Trial and Appeal Board’s E2E, the foregoing “Petitioner’s Notice of Cross
`
`Appeal” was filed by Express Mail on this 6th day of April, 2018, with the
`
`Director of the United States Patent and Trademark Office, at the following
`
`address:
`
`Director of the United States Patent and Trademark Office
`c/o Office of the General Counsel
`United States Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`I also hereby certify that true and correct copies of the foregoing
`
`
`
`“Petitioner’s Notice of Cross Appeal” were filed electronically by CM/ECF on this
`
`6th day of April, 2018, with the Clerk’s Office of the United States Court of
`
`Appeals for the Federal Circuit.
`
`Dated: April 6, 2018
`
`
`
`
`
`
`
`
`Respectfully submitted,
`
`/s/ Carrie A. Beyer
`Carrie A. Beyer
`Reg. No. 59,195
`Drinker Biddle & Reath LLP
`191 N. Wacker Dr. #3700
`Chicago, IL 60606
`312-569-1000
`carrie.beyer@dbr.com
`Attorney for Petitioner
`
`-3-
`
`
`
`
`
`Case No. IPR2016-01733
`Patent No. 9,189,437
`
`
`
`CERTIFICATE OF SERVICE
`
`
`
`Pursuant to 37 C.F.R. § 42.6(e), this is to certify that I caused to be served a
`
`true and correct copy of the foregoing “Petitioner’s Notice of Cross Appeal” on
`
`April 6, 2018 via email to counsel for Patent Owner at the following addresses:
`
`Nicholas T. Peters
`ntpete@fitcheven.com
`Nicole Little
`nlittle@fitcheven.com
`Paul Henkelmann
`phenkelmann@fitcheven.com
`Joseph Marinelli
`jmarinelli@fitcheven.com
`FITCH, EVEN, TABIN & FLANNERY LLP
`
`Michael Fleming
`MFleming@irell.com
`IRELL & MANELLA LLP
`
`
`Dated: April 6, 2018
`
`
`
`
`
`
`
`
`Respectfully submitted,
`
`/s/ Carrie A. Beyer
`Carrie A. Beyer
`Reg. No. 59,195
`Drinker Biddle & Reath LLP
`191 N. Wacker Dr. #3700
`Chicago, IL 60606
`312-569-1000
`carrie.beyer@dbr.com
`Attorney for Petitioner
`
`-4-
`
`
`
`
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