`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________________________________
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________________________________
`APPLE, INC.,
`Petitioner
`v.
`PAPST LICENSING GMBH & CO. KG,
`Patent Owner
`_____________________
`IPR2016-01842
`U.S. Patent No. 9,189,437
`_____________________
`
`PATENT OWNER’S NOTICE OF CROSS-APPEAL
`
`
`
`
`
`Mail Stop
`Patent Board
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
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`
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`
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`
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`Pursuant to 35 U.S.C. §§ 141 and 142 and 37 C.F.R. § 90.2(a), Patent Owner
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`Papst Licensing GmbH & Co. KG (“Patent Owner”) hereby provides notice that it
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`cross-appeals to the United States Court of Appeals for the Federal Circuit from the
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`Final Written Decision of the Patent Trial and Appeal Board (“Board”) entered April
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`26, 2018 (Paper 35), and from all underlying findings, orders, decisions, rulings, and
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`opinions, including, without limitation the institution decision entered April 27, 2017
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`(Paper 10).
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`In accordance with 37 C.F.R. § 90.2(a)(3)(ii), Patent Owner states that the issues
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`for cross-appeal include, but are not limited to: the Board’s determination that claims 43
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`and 45 of U.S. Patent No. 9,189,437 have been shown by a preponderance of the
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`evidence to be unpatentable; the Board’s consideration of the expert testimony, prior
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`art, and other evidence in the record; the Board’s determinations in the institution
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`decision; and the Board’s factual findings, conclusions of law, or other determinations
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`supporting or relating to the above issues.
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`Pursuant to 35 U.S.C. § 142 and 37 C.F.R. § 90.2(a), this Notice is being filed
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`with the Director of the United States Patent and Trademark Office. Simultaneous
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`with this submission, a copy of this Notice is being filed with the Patent Trial and
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`Appeal Board. In addition, a copy of this Notice, along with the required
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`docketing fee, is being filed with the Clerk’s office of the United States Court of
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`Appeals for the Federal Circuit.
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`
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`2
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`
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`Respectfully submitted,
`
`
`
`DATED: June 27, 2018
`
`
`
`
`
`
`
`
`/s/ Gregory S. Donahue
` Gregory S. Donahue
`Reg. No. 47,531
`DiNovo Price LLP
` 7000 N. MoPac Expressway
`Suite 350
`Austin, Texas 78731
`
`
`
`
`
`
` Telephone: (512) 539-2625
` Facsimile: (512) 539-2627
`
`
`Lead Counsel for Patent Owner
`Papst Licensing GmbH & Co. KG
`
`
`
`3
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`
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`CERTIFICATE OF FILING AND SERVICE
`
`The undersigned certifies that, in addition to being filed electronically
`
`through the Patent Trial and Appeal Board’s E2E, the foregoing Notice of Appeal
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`was filed by Express Mail on June 27, 2018, with the Director of the United States
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`Patent and Trademark Office, at the following address:
`
`Director of the United States Patent and Trademark Office
`c/o Office of the General Counsel
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`
`The undersigned certifies that a copy of the foregoing Notice of Appeal,
`
`along with the required docket fee, was filed on June 27, 2018, with the Clerk’s
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`Office for the United States Court of Appeals for the Federal Circuit through the
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`Court’s CM/ECF filing system.
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`The undersigned certifies service pursuant to 37 C.F.R. § 42.6(e) of a copy
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`of this Notice of Appeal by electronic mail on June 27, 2018, on the counsel of
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`record for Petitioner, Apple, Inc. at the following addresses:
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`Michael D. Specht, mspecht-PTAB@sternekessler.com
`
`Tyler J. Dutton, tdutton-PTAB@sternekessler.com
`
`
`
`
`
`DATED: June 27, 2018
`
`
`
`
`
`
`
`
`/s/ Gregory S. Donahue
`Gregory S. Donahue
`Reg. No. 47,531
`DiNovo Price LLP
` 7000 N. MoPac Expressway
`
`
`
`
`
`
`4
`
`
`
`Suite 350
`Austin, Texas 78731
`
`
`
`
`
`
` Telephone: (512) 539-2625
` Facsimile: (512) 539-2627
`
`
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`5
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