`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
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`v.
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`UNILOC 2017 LLC1,
`Patent Owner
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`
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`Case IPR2017-002252
`Patent 8,995,433
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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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`1 Uniloc Luxembourg S.A. filed Updated Mandatory Notices on September
`13, 2018 (Paper 32), changing the real party-in-interest to Uniloc 2017 LLC.
`2 Snap Inc., which filed a petition in IPR2017-01611, as well as Facebook,
`Inc. and WhatsApp, Inc., which filed a petition in IPR2017-01634, have been
`joined as petitioners in this proceeding.
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`
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`Case IPR2017-00225
`U.S. Patent No. 8,995,433
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`INTRODUCTION
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`Apple Inc.’s appeal stems from the Patent Trial and Appeal Board’s
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`Decision on Petitioner’s Request for Rehearing entered on September 6, 2018
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`(Paper 31) (the “Rehearing Decision”) and the Board’s Final Written Decision
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`entered on May 23, 2018 (Paper 29) (the “FWD”) in the above-captioned inter
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`partes review of United States Patent No. 8,995,433. This notice is timely filed
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`within 63 days of the Rehearing Decision. 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 FWD and Rehearing Decision, including all
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`underlying orders, decisions, rulings, and opinions related thereto or subsumed
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`therein.
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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, 2, 4, and 8 would not have
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`been obvious over Abburi and Holtzburg; (ii) the Board’s finding that claim 3
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`would not have been obvious over the combination of Abburi, Holtzburg, and
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`Vuori; (iii) the Board’s finding that claims 5-6 would not have been obvious over
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`- 1 -
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`Case IPR2017-00225
`U.S. Patent No. 8,995,433
`the combination of Abburi, Holtzburg, and Logan; (iv) the Board’s finding that
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`claims 1, 2, 4-6, and 8 would not have been obvious over the combination of
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`Väänänen and Holtzburg; (v) the Board’s finding that claim 3 would not have been
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`obvious over the combination of Väänänen, Holtzburg, and Vuori; and (vi) any
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`findings or determinations supporting or related to the aforementioned issues as
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`well as all other issues decided adversely to Apple Inc. or any joinder petitioners in
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`any orders, decisions, rulings, phone conference decisions, and/or opinions.
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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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`/Jason D. Eisenberg/
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`Jason D. Eisenberg
`Registration No. 43,447
`Attorney for Petitioner Apple Inc.
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`Date: November 1, 2018
`1100 New York Avenue, N.W.
`Washington, D.C. 20005
`(202) 371-2600
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`- 2 -
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`Case IPR2017-00225
`U.S. Patent No. 8,995,433
`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 November 1, 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 November 1, 2018.
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`Date: November 1, 2018
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`Respectfully submitted,
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`/Jason D. Eisenberg/
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`Jason D. Eisenberg
`Registration No. 43,447
`Attorney for Petitioner Apple Inc.
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`Case IPR2017-00225
`U.S. Patent No. 8,995,433
`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 November
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`1, 2018 in its entirety upon the following parties:
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`Brett A. Mangrum (Lead Counsel for PO) brett@etheridgelaw.com
`Ryan Loveless (Back-up Counsel for PO) ryan@etheridgelaw.com
`James Etheridge (Back-up Counsel for PO) jim@etheridgelaw.com
`Jeffrey Huang (Back-up Counsel for PO) jeff@etheridgelaw.com
`ETHERIDGE LAW GROUP
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`
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`Sean D. Burdick (Back-up Counsel for PO) sean.burdick@unilocusa.com
`UNILOC USA, INC.
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`Heidi L. Keefe (Lead Counsel for Snap Inc.; Facebook, Inc.; and WhatsApp, Inc.)
`Lisa F. Schwier (Back-up Counsel for Snap Inc.)
`Phillip E. Morton (Back-up Counsel for Facebook, Inc. and WhatsApp, Inc.)
`Mark R. Weinstein (Back-up Counsel for Facebook, Inc. and WhatsApp, Inc.)
`COOLEY LLP
`FB_Uniloc2_433_PTAB_IPR@cooley.com
`hkeefe@cooley.com
`lschwier@cooley.com
`pmorton@cooley.com
`mweinstein@cooley.com
`Snapchat-Uniloc@cooley.com
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`STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
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`/Jason D. Eisenberg/
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`Jason D. Eisenberg
`Registration No. 43,447
`Attorney for Petitioner Apple Inc.
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`Date: November 1, 2018
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`1100 New York Avenue, N.W.
`Washington, D.C.20005-3934
`(202) 371-2600
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