`
`
`
`
`
`
`
`
`
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`
`
`
`
`
`
`
`
`
`APPLE INC.,
`Petitioner,
`
`v.
`
`REALTIME DATA LLC,
`Patent Owner.
`
`
`
`
`
`
`
`
`
`
`
`
`Case IPR2016-01738
`Patent 8,880,862
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`PETITIONER’S NOTICE OF CROSS-APPEAL
`
`
`
`Proceeding No. IPR2016-01738
`Attorney Docket No. 39521-0025IP2
`
`Pursuant to 35 U.S.C. § 142 and 37 C.F.R. § 90.2(a), Apple Inc.
`
`(“Petitioner”) hereby respectfully gives notice that it appeals to the United States
`
`Court of Appeals for the Federal Circuit from the Patent Trial and Appeal Board’s
`
`(“Board”) Final Written Decision entered on March 16, 2018 (Paper 59) and its
`
`Decision Denying Petitioner’s Request for Rehearing entered on August 21, 2018
`
`(Paper 61), as well as from all other underlying orders, decisions, rulings, and
`
`opinions that are adverse to Petitioner. Patent Owner Realtime Data LLC, filed a
`
`notice of appeal on August 22, 2018. This cross-appeal is timely under 37 C.F.R.
`
`§ 90.3(a) and Rule 4(a)(3) of the Federal Rules of Appellate Procedure.
`
`For the limited purpose of providing the Director with the information
`
`requested in 37 C.F.R. § 90.2(a)(3)(ii), the issues on Petitioner’s appeal may
`
`include, but are not limited to:
`
`(1) the Board’s determination of patentability of substitute claims 174-218
`
`of U.S. Patent No. 8,880,862 under 35 U.S.C. § 103, including, but not limited to,
`
`the Board’s failure to consider evidence of record fully and properly, to explain the
`
`basis for its patentability determination, and the Board’s legal errors in undertaking
`
`its obviousness analysis;
`
`(2) the Board’s claim constructions and/or failure to construe disputed claim
`
`terms, including, but not limited to, “preloading,” its interpretation of that term,
`
`and its application of that term to the prior art; and
`
`1
`
`
`
`Proceeding No. IPR2016-01738
`Attorney Docket No. 39521-0025IP2
`
`(3) any and all findings or determinations supporting or related to the
`
`aforementioned issues, as well as other issues decided adversely to Petitioner in
`
`any orders, decisions, rulings, or opinions.
`
`Simultaneous with this submission, a copy of the Notice of Cross-Appeal is
`
`being filed electronically with the Patent Trial and Appeal Board. In addition, a
`
`copy of this Notice of Appeal, along with the required docketing fees, is being
`
`electronically filed with the Clerk’s Office for the United States Court of Appeals
`
`for the Federal Circuit.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Dated: September 5, 2018
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Respectfully submitted,
`
`
`
`
`
`/Jeremy J. Monaldo/
`W. Karl Renner, Reg. No. 41,265
`Jeremy Monaldo, Reg. No. 58,680
`Andrew B. Patrick, Reg. No. 63,471
`Fish & Richardson P.C.
`3200 RBC Plaza, 60 South Sixth Street
`Minneapolis, MN 55402
`T: 202-783-5070
`F: 877-769-7945
`
`Attorneys for Petitioner
`
`2
`
`
`
`Proceeding No. IPR2016-01738
`Attorney Docket No. 39521-0025IP2
`
`CERTIFICATE OF SERVICE
`
`Pursuant to 37 CFR §§ 42.6(e)(4) and 42.205(b), the undersigned certifies
`
`that on September 5, 2018, a complete and entire copy of this Petitioner’s Notice
`
`of Cross-Appeal was provided via email to Patent Owner by serving the
`
`correspondence address of record as follows:
`
`Joseph F. Edell, Richard Z. Zhang, Desmond S. Jui (pro hac vice)
`Fisch Sigler LLP
`5301 Wisconsin Avenue NW, Fourth Floor
`Washington, DC 20015
`
`William P. Rothwell, Kayvan B. Noroozi (pro hac vice)
`Noroozi PC
`2245 Texas Drive, Suite 300
`Sugar Land, TX 77479
`
`Joe.Edell.IPR@fischllp.com
`Richard.Zhang.IPR@fischllp.com
`Desmond.Jui.IPR@fischllp.com
`William@noroozipc.com
`Kayvan@noroozipc.com
`
`Email:
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Proceeding No. IPR2016-01738
`Attorney Docket No. 39521-0025IP2
`
`I hereby certify that, in addition to being filed electronically through the
`
`Board’s E2E System, the original version of the foregoing Notice of Cross-Appeal
`
`was filed by hand on September 5, 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
`Madison Building East, 1 OB20
`600 Dulany Street
`Alexandria, VA 22314-5793
`
`I hereby certify that on September 5, 2018, a true and correct copy of the
`
`foregoing Notice of Cross-Appeal, along with a copy of the Final Written
`
`Decision, was filed electronically with the Clerk’s Office of the United States
`
`Court of Appeals for the Federal Circuit, at the following address:
`
`United States Court of Appeals for the Federal Circuit
`717 Madison Place, N.W., Suite 401
`Washington, DC 20005
`
`
`
`
`
`Dated: September 5, 2018
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`/Jeremy J. Monaldo/
`W. Karl Renner, Reg. No. 41,265
`Jeremy Monaldo, Reg. No. 58,680
`Andrew B. Patrick, Reg. No. 63,471
`Fish & Richardson P.C.
`3200 RBC Plaza, 60 South Sixth Street
`Minneapolis, MN 55402
`T: 202-783-5070
`F: 877-769-7945
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
