`UNITED STATES PATENT AND TRADEMARK OFFICE
`___________________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`APPLE INC.,
`Petitioner
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`v.
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`PAPST LICENSING GMBH & CO. KG,
`Patent Owner
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`
`
`Case IPR2016-01842
`Patent 9,189,437
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`PETITIONER APPLE INC.’S NOTICE OF APPEAL
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`
`
`via PTAB E2E
`Patent Trial and Appeal Board
`
`via Hand Carry
`Director of the United States Patent and Trademark Office
`c/o Office of the General Counsel, 10B20
`Madison Building East
`600 Dulany Street
`Alexandria, VA 22314
`
`via CM/ECF
`United States Court of Appeals for the Federal Circuit
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`
`
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`Case IPR2016-01842
`U.S. Patent No. 9,189,437
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`INTRODUCTION
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`Apple Inc.’s appeal stems from the Patent Trial and Appeal Board’s Final
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`Written Decision entered on April 25, 2018 (Paper 35) (the “Final Written
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`Decision”) in the above-captioned inter partes review of United States Patent No.
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`9,189,437. This notice is timely filed within 63 days of the Final Written Decision.
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`37 C.F.R. § 90.3(b)(1).
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`APPLE INC.’S APPEAL
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`Please take notice that under 35 U.S.C. §§ 141(c), 142, 319; 37 C.F.R. §§
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`90.2(a), 90.3(a), and Federal Rules of Appellate Procedure/Federal Circuit Rule
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`4(3)(a), Petitioner Apple Inc. hereby appeals to the United States Court of Appeals
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`for the Federal Circuit from the Final Written Decision based on the “Decision,
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`Granting Institution of Inter Partes Review” entered on April 27, 2017 (Paper 10)
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`(the “Institution Decision”).
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`APPLE INC.’S ISSUES ON APPEAL
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`In accordance with 37 C.F.R. § 90.2(a)(3)(ii), Apple Inc.’s issues on appeal
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`include at least: (i) the Board’s finding that claims 1, 4-6, 9-12, 14, 15, 30, and 34
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`of the ’437 patent are not unpatentable as obvious over the combination of Pucci,
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`Kepley, and Schmidt; (ii) the Board’s finding that claims 13 and 18 of the ’437
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`patent are not unpatentable as obvious over the combination of Pucci, Kepley,
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`Schmidt, and Campbell; (iii) the Board’s finding that claim 16 of the ’437 patent is
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`- 1 -
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`Case IPR2016-01842
`U.S. Patent No. 9,189,437
`not unpatentable as obvious over the combination of Pucci, Kepley, Schmidt, and
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`Shinosky; (iv) the Board’s finding that claim 32 of the ’437 patent is not
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`unpatentable as obvious over the combination of Pucci, Kepley, Schmidt, and
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`Wilson; and (v) any finding or determination supporting or related to the
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`aforementioned issues as well as all other issues decided adversely to Apple Inc. in
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`any order, decision, ruling, phone conference decision, and/or opinion.
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`Simultaneously with this submission, Apple Inc. is filing a true and correct
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`copy of this Notice of Appeal with the Director of the United States Patent and
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`Trademark Office and a true and correct copy of the same, along with the required
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`docketing fee, with the Clerk of the United States Court of Appeals for the Federal
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`Circuit as set forth in the accompanying Certificate of Filing.
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`Respectfully submitted,
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`STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
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`/Michael D. Specht/
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`Michael D. Specht, Reg. No. 54,463
`Attorney for Apple Inc.
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`Date: June 27, 2018
`1100 New York Avenue, N.W.
`Washington, D.C. 20005
`(202) 371-2600
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`- 2 -
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`Case IPR2016-01842
`U.S. Patent No. 9,189,437
`CERTIFICATE OF FILING
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`The undersigned hereby certifies that, in addition to being electronically
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`filed through PTAB E2E, a true and correct copy of the above-captioned
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`PETITIONER APPLE INC.’S NOTICE OF APPEAL is being filed by hand
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`with the Director on June 27, 2018 at the following address:
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`Director of the United States Patent and Trademark Office
`c/o Office of the General Counsel, 10B20
`Madison Building East
`600 Dulany Street
`Alexandria, VA 22314
`
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`The undersigned also hereby certifies that a true and correct copy of the
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`above-captioned PETITIONER APPLE INC.’S NOTICE OF APPEAL and the
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`filing fee is being filed via CM/ECF with the Clerk’s Office of the United States
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`Court of Appeals for the Federal Circuit on June 27, 2018.
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`Respectfully submitted,
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`STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
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`/Michael D. Specht/
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`Michael D. Specht, Reg. No. 54,463
`Attorney for Apple Inc.
`
`Date: June 27, 2018
`1100 New York Avenue, N.W.
`Washington, D.C. 20005
`
`(202) 371-2600
`
`
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`Case IPR2016-01842
`U.S. Patent No. 9,189,437
`CERTIFICATION OF SERVICE
`The undersigned hereby certifies that the foregoing PETITIONER APPLE
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`
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`INC.’S NOTICE OF APPEAL was served electronically via e-mail on June 27,
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`2018, in its entirety on the following counsel for Patent Owner:
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`Gregory S. Donahue (Lead Counsel)
`Minghui Yang (Back-up Counsel)
`Michael R. Fleming (Back-up Counsel)
`Anthony L. Meola (Back-up Counsel)
`Jason A. Murphy (Back-up Counsel)
`Victor J. Baranowski (Back-up Counsel)
`Arlen L. Olsen (Back-up Counsel)
`gdonahue@dpelaw.com
`myang@dpelaw.com
`docketing@dpelaw.com
`mfleming@irell.com
`ameola@iplawusa.com
`jmurphy@iplawusa.com
`vbaranowski@iplawusa.com
`aolsen@iplawusa.com
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`Respectfully submitted,
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`STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
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`/Michael D. Specht/
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`Michael D. Specht, Reg. No. 54,463
`Attorney for Apple Inc.
`
`Date: June 27, 2018
`1100 New York Avenue, N.W.
`Washington, D.C. 20005
`(202) 371-2600
`
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`9452183_1.docx
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