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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`_______________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`_______________
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`APPLE INC.,
`Petitioner,
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`v.
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`REALTIME DATA LLC D/B/A/ IXO,
`Patent Owner.
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`_______________
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`Case IPR2016-01739
`Patent 8,880,862 B2
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`_______________
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`PATENT OWNER REALTIME DATA LLC D/B/A IXO’S
`NOTICE OF APPEAL
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`Case No. IPR2016-01739
`Patent No. 8,880,862 B2
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`Notice is hereby given, pursuant to 37 C.F.R. § 90.2(a), that Patent Owner
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`Realtime Data LLC d/b/a IXO appeals under 35 U.S.C. § 141 to the United States
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`Court of Appeals for the Federal Circuit from the Final Written Decision entered on
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`March 13, 2018 (Paper 31) and from all underlying orders, decisions, rulings and
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`opinions regarding U.S. Patent No. 8,880,862 B2 (“the ’862 Patent”).
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`For the limited purpose of providing the Director with the information
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`requested in 37 C.F.R. § 90.2(a)(3)(ii), Patent Owner anticipates that the issues on
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`appeal may include, but are not limited to, the following, as well as any underlying
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`findings, determinations, ruling, decisions, opinions, or other related issues:
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`• Whether the Patent Trial and Appeal Board’s decisions regarding
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`patentability, including, but not limited to, the finding that claims 5,
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`35-46, 97, 98, and 112 of the ’862 Patent are unpatentable, were
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`“arbitrary, capricious, an abuse of discretion, or otherwise not in
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`accordance with
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`law; [or]
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`.
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`.
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`. unsupported by substantial
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`evidence . . . .” 5 U.S.C. § 706(2)(A)-(E).
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`• Whether the Patent Trial and Appeal Board erred in its construction
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`and/or interpretation of claim elements, including, but not limited to,
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`“boot data list,” “non-accessed boot data,” and “encoder.”
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`Simultaneous with the electronic submission of this Notice of Appeal to the
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`Patent Trial and Appeal Board, a copy of this Notice of Appeal is being filed with
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`Case No. IPR2016-01739
`Patent No. 8,880,862 B2
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`the United States Patent and Trademark Office by way of hand delivery to the Office
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`of General Counsel to:
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`Office of the General Counsel
`United States Patent and Trademark Office
`Madison Building East, Room 10B20
`600 Dulany Street
`Alexandria, Virginia 22314
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`In addition, this Notice of Appeal is being electronically filed with the United
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`States Court of Appeals for the Federal Circuit, along with the required docketing
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`fee and a copy of the decision and order of the agency for which review is sought,
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`consistent with Federal Circuit Rules 15(a)(1) and 25(b)(1).
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`Date: April 13, 2018
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`Respectfully Submitted,
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`/Joseph F. Edell/
`Joseph F. Edell (Reg. No. 67,625)
`Richard Z. Zhang (Reg. No. 73,397)
`Fisch Sigler LLP
`5301 Wisconsin Avenue NW
`Fourth Floor
`Washington, DC 20015
`Phone: (202) 362-3524
`Fax: (202) 362-3501
`Email: Joe.Edell.IPR@fischllp.com
`Email: Richard.Zhang.IPR@fischllp.com
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`Counsel for Patent Owner
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`Case No. IPR2016-01739
`Patent No. 8,880,862 B2
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`CERTIFICATE OF SERVICE
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`I hereby certify that on April 13, 2018, a true and correct copy of the foregoing
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`Patent Owner’s Notice of Appeal is being served electronically to the Petitioner at
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`the correspondence email address of record provided in the Petition as follows:
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`W. Karl Renner (Lead Counsel) IPR39521-0025IP3@fr.com
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`Date: April 13, 2018
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`Respectfully Submitted,
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`/Joseph F. Edell/
`Joseph F. Edell (Reg. No. 67,625)
`Fisch Sigler LLP
`5301 Wisconsin Avenue NW
`Fourth Floor
`Washington, DC 20015
`Phone: (202) 362-3524
`Fax: (202) 362-3501
`Email: Joe.Edell.IPR@fischllp.com
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