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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`APPLE INC., SNAP INC., FACEBOOK, INC., and WHATSAPP, INC.,
`Petitioner
`v.
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`UNILOC 2017 LLC,1
`Patent Owner.
`
`Case IPR2017-00222
`U.S. Patent No. Patent 8,243,723 B2
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`PATENT OWNER’S NOTICE OF CROSS-APPEAL
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`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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`1 The Patent Owner was previously Uniloc Luxembourg, SA and is now Uniloc 2017 LLC
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`Pursuant to 35 U.S.C. §§ 141 and 142 and 37 C.F.R. §§ 90.2 and 90.3, Patent
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`Owner Uniloc 2017 LLC. (“Patent Owner”) hereby provides notice that it appeals to the
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`United States Court of Appeals for the Federal Circuit from the Final Written Decision
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`entered May 23, 2018 (Paper 33); the Decision Denying Patent Owner’s Request for
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`Rehearing entered September 6, 2018 (Paper 33); and from all underlying findings,
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`orders, decisions, rulings, and opinions, including, without limitation the institution
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`decision entered May 25, 2017 (Paper 7). Petitioner has also appealed certain issues;
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`accordingly, this appeal is a cross-appeal.
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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 appeal include, but are not limited to: the Patent Trial and Appeals Board (“Board”)’s
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`determinations in the institution decision; the Board’s determination that Claims 1–7 of
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`U.S. Patent No 8,243,723 B2 (the “’723 patent”) were shown by a reasonable
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`likelihood to be unpatentable; the Board’s subsequent determination that Claim 1 of the
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`’723 patent is unpatentable under 35 U.S.C. § 103 over Vuori; the Board’s subsequent
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`determination that Claim 2 of the ’723 patent is unpatentable under 35 U.S.C. § 103
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`over Vuori and Malik; the Board’s denying Patent Owner’s Request for Rehearing; the
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`Board’s consideration and analysis of the expert testimony, prior art, and other evidence
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`in the record; and the Board’s factual findings, conclusions of law, or other
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`determinations 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
`2
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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 docketing
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`fees, is being filed with the Clerk’s office of the United States Court of Appeals for
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`the Federal Circuit.
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`DATED: November 8, 2018
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`By: /s/ Brett A. Mangrum
`Brett Mangrum (Reg. No. 51,970)
`
`Ryan Loveless (Reg. No. 51,970)
`James Etheridge (Reg. No. 37,614)
`Jeffrey Huang (Reg. No. 68,639)
`Etheridge Law Group
`2600 E. Southlake Blvd., Ste. 120-324
`Southlake, TX 76092
`brett@etheridgelaw.com
`ryan@etheridgelaw.com
`jim@etheridgelaw.com
`jeff@etheridgelaw.com
`817-470-7249
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`Attorneys for Uniloc 2017 LLC
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`3
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`CERTIFICATE OF SERVICE
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`The undersigned certifies that, in addition to being filed electronically through
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`the Patent Trial and Appeal Board’s E2E, the foregoing Notice of Appeal was filed
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`by Express Mail on November 8, 2018, with the Director of the United States Patent
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`and Trademark Office, at the following address:
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`Director of the United States Patent and Trademark Office
`c/o Office of the General Counsel
`P.O. Box 1450
`Alexandria, VA 22313-1450
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`The undersigned certifies that a copy of the foregoing Notice of Appeal, along
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`with the required docket fee, was filed on November 8, 2018, with the Clerk’s Office
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`for the United States Court of Appeals for the Federal Circuit through the Court’s
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`CM/ECF filing system.
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`The undersigned certifies service pursuant to 37 C.F.R. § 42.6(e) of a copy of
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`this Notice of Appeal by electronic mail on November 8, 2018, on the counsel of
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`record for Petitioner:
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`Jason D. Eisenberg
`jasone-PTAB@skgf.com
`Michael D. Specht
`mspecht-PTAB@skgf.com
`Zhu He
`zhe-PTAB@skgf.com
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`DATED: November 8, 2018
`
`
`By: /s/ Brett A. Mangrum
`Brett A. Mangrum
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`4
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