`
`
`Filed on behalf of:
`
`Patent Owner
`By: William D. Belanger (Lead Counsel)
` William.Belanger@Troutman.com
`
`Frank D. Liu (Back-up Counsel)
`
`Frank.Liu@Troutman.com
`
`Andrew P. Zappia (Back-up Counsel)
`
`Andrew.Zappia@Troutman.com
`
`Paper No. ____
`Date: January 12, 2023
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_________________
`
`APPLE INC.,
`Petitioner,
`
`v.
`
`ANDREA ELECTRONICS CORPORATION,
`Patent Owner.
`_________________
`
`Case IPR2017-00626
`Patent 6,363,345 B1
`_________________
`
`PATENT OWNER’S NOTICE OF APPEAL OF FINAL WRITTEN
`DECISION ON REMAND
`
`
`
`138397244
`
`
`
`IPR2017-00626 (Patent 6,363,345)
`Patent Owner’s Notice of Appeal
`
`
`Pursuant to 37 C.F.R. § 90.2(a) and 35 U.S.C. §§ 319 and 141-142, Patent
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`Owner Andrea Electronics Corporation (“Patent Owner”), respectfully gives
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`Notice that it hereby appeals the Patent Trial and Appeal Board’s (“Board”)
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`JUDGMENT Final Written Decision On Remand Determining Challenged Claims
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`6-9 Are Unpatentable 35 U.S.C. §§ 144, 318(a), dated November 29, 2022 (Paper
`
`58) (the “Final Written Decision on Remand”), that claims 6-9 (“Challenged
`
`Claims”) of U.S. Patent No. 6,363,345 (“the ’345 Patent”) are unpatentable to the
`
`United States Court of Appeals for the Federal Circuit (“Federal Circuit”), and
`
`from all other underlying orders, decisions, rulings and opinions that are adverse to
`
`Patent Owner. This Notice of Appeal is timely filed under 35 U.S.C. § 142, Fed.
`
`Cir. R. 15(a)(1), and 37 C.F.R. § 90.3.
`
`For the limited purpose of providing the Director of the United States Patent
`
`and Trademark Office (“Director”) with the information requested in 37 C.F.R.
`
`§ 90.2(a)(3)(ii), issues in Patent Owner’s appeal may include: the Board’s
`
`interpretation of the Challenged Claims; the Board’s interpretation of the prior art;
`
`the Board’s determination that claims 6-9 of the ’345 Patent are unpatentable under
`
`35 U.S.C. § 103 based on its motivation to combine analysis; any findings
`
`supporting that determination; the Board’s failure to consider evidence of record
`
`properly; the Board’s legal errors in undertaking its 35 U.S.C. § 103 analysis based
`
`on its motivation to combine findings; the Board’s findings that conflict with the
`
`138397244
`
`1
`
`
`
`IPR2017-00626 (Patent 6,363,345)
`Patent Owner’s Notice of Appeal
`
`evidence of record or are not supported by substantial evidence; as well as all other
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`issues decided adversely to Patent Owner in any orders, decisions, rulings and
`
`opinions.
`
`In accordance with 37 C.F.R. §§ 90.2(a) and 104.2, Federal Circuit Rules
`
`15(a) and 52, and 37 C.F.R. § 42.6(e), this Notice of Appeal is being (1) filed
`
`electronically with the Board’s PTAB E2E system; (2) delivered by hand to the
`
`Director; (3) filed electronically with the Federal Circuit via the Court’s CM/ECF
`
`system together with the requisite fee; and (4) served via electronic mail on
`
`counsel of record for Petitioner.
`
`Respectfully submitted,
`
`
`
`
`
`
`
`
`
`/William D. Belanger/
`William D. Belanger (Lead Counsel)
`Registration No. 40,509
`
`
`
`Date: January 12, 2023
`
`
`
`
`
`
`
`
`
`Troutman Pepper Hamilton Sanders LLP
`125 High Street, 19th Floor
`Boston, MA 02110
`Tel: (617) 204-5101
`Fax: (617) 204-5150
`E-mail: William.Belanger@Troutman.com
`
`Counsel for Patent Owner
`Andrea Electronics Corporation
`
`
`
`138397244
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`2
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`
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`IPR2017-00626 (Patent 6,363,345)
`Patent Owner’s Notice of Appeal
`
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`CERTIFICATE OF FILING
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`In accordance with 37 C.F.R. § 90.2(a)(1) and § 104.2, the undersigned
`
`hereby certifies that on January 12, 2023, in addition to being filed electronically
`
`through the Board’s PTAB E2E system, the original version of the foregoing
`
`PATENT OWNER’S NOTICE OF APPEAL OF FINAL WRITTEN
`
`DECISION ON REMAND was filed by hand on the Director of the United States
`
`Patent and Trademark Office, at the following address:
`
`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 22314-5793
`
`In accordance with 37 C.F.R. § 90.2(a)(2) and Federal Circuit Rule 15(a),
`
`
`
`the undersigned hereby certifies that on January 12, 2023, a true and correct copy
`
`of the foregoing PATENT OWNER’S NOTICE OF APPEAL OF FINAL
`
`WRITTEN DECISION ON REMAND (with attached Final Written Decision)
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`was filed electronically with the Clerk of the United States Court of Appeals for
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`the Federal Circuit with the requisite fee, via the Court’s CM/ECF system.
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`
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`
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`
`
`/William D. Belanger/
`William D. Belanger (Lead Counsel)
`Registration No. 40,509
`
`
`
`138397244
`
`3
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`
`
`IPR2017-00626 (Patent 6,363,345)
`Patent Owner’s Notice of Appeal
`
`
`
`CERTIFICATE OF SERVICE
`
`Pursuant to 37 C.F.R. § 42.6(e), this is to certify that on this 12th day of
`January, 2023, I caused to be served a true and correct copy of the foregoing
`PATENT OWNER’S NOTICE OF APPEAL OF FINAL WRITTEN
`DECISION ON REMAND by e-mail (as agreed in the Service Information
`section of Petitioner’s Updated Mandatory Notices (Paper 39)):
`
`Jeffrey P. Kushan (Lead Counsel)
`Registration No. 43,401
`Sidley Austin LLP
`1501 K Street, N.W.
`Washington, D.C. 20005
`Tel: (202) 736-8914
`Fax: (202) 736-8711
`Email: jkushan@sidley.com
`Service email:
`iprnotices@sidley.com
`
`
`
`Counsel for Petitioner
`
`Thomas A. Broughan III (Back-up Counsel)
`Registration No. 66,001
`Sidley Austin LLP
`1501 K Street, N.W.
`Washington, D.C. 20005
`Tel: (202) 736-8314
`Fax: (202) 736-8711
`Email: tbroughan@sidley.com
`Service email: iprnotices@sidley.com
`
`
`
`Counsel for Petitioner
`
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`/William D. Belanger/
`William D. Belanger (Lead Counsel)
`Registration No. 40,509
`
`
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`138397244
`
`4
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`
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