`Date: November 13, 2020
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`Filed on behalf of:
`Andrea Electronics Corporation
`By: William D. Belanger (Lead Counsel)
` William.Belanger@troutman.com
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`Frank D. Liu (Back-up Counsel)
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`Frank.Liu@troutman.com
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`Andrew P. Zappia (Back-up Counsel)
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`Andrew.Zappia@troutman.com
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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.,
`Petitioner,
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`v.
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`ANDREA ELECTRONICS CORPORATION,
`Patent Owner.
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`Case IPR2017-00626
`Patent 6,363,345 B1
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`PATENT OWNER’S NOTICE OF APPEAL
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`#111153912
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`IPR2017-00626 (Patent 6,363,345)
`Patent Owner’s Notice of Appeal
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`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”) Final
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`Written Decision on Remand, dated October 28, 2020 (Paper 50) (the “Remand
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`Decision”), that claims 6-9 of U.S. Patent No. 6,363,345 (“the ’345 Patent”) are
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`unpatentable to the United States Court of Appeals for the Federal Circuit
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`(“Federal Circuit”), and from all other underlying orders, decisions, rulings and
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`opinions that are adverse to Patent Owner. This Notice of Appeal is timely filed
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`under 35 U.S.C. § 142, Fed. Cir. R. 15(a)(1), and 37 C.F.R. § 90.3.
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`For the limited purpose of providing the Director of the United States Patent
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`and Trademark Office (“Director”) with the information requested in 37 C.F.R.
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`§ 90.2(a)(3)(ii), issues in Patent Owner’s appeal may include the Board’s
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`interpretation of the Federal Circuit’s construction of “periodically”; the Board’s
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`application of that construction; the Board’s failure to apply that construction to
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`the asserted prior art combination as set forth in the Petition (Paper 1); the Board’s
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`interpretation of the prior art; the Board’s determination that claims 6-9 of the
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`’345 Patent are unpatentable under 35 U.S.C. § 103; any findings supporting that
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`determination; the Board’s failure to consider evidence of record properly; the
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`Board’s legal errors in undertaking its § 103 analysis; the Board’s findings that
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`conflict with the evidence of record or are not supported by substantial evidence;
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`1
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`IPR2017-00626 (Patent 6,363,345)
`Patent Owner’s Notice of Appeal
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`the constitutionality of the ALJs issuing the Remand Decision under the
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`Appointments Clause; as well as all other issues decided adversely to Patent
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`Owner in any orders, decisions, rulings and opinions.
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`In accordance with 37 C.F.R. §§ 90.2(a) and 104.2, Federal Circuit Rules
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`15(a) and 52, and 37 C.F.R. § 42.6(e), this Notice of Appeal is being (1) filed
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`electronically with the Board’s PTAB E2E system; (2) delivered by hand to the
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`Director; (3) filed electronically with the Federal Circuit via the Court’s CM/ECF
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`system together with the requisite fee; and (4) served via electronic mail on
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`counsel of record for Petitioner.
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`Dated: November 13, 2020
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`Respectfully submitted,
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`/William D. Belanger/
`William D. Belanger (Lead Counsel)
`Registration No. 40,509
`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
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`Attorneys for Patent Owner
`Andrea Electronics Corporation
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`2
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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
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`hereby certifies that on November 13, 2020, in addition to being filed
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`electronically through the Board’s PTAB E2E system, the original version of the
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`foregoing PATENT OWNER’S NOTICE OF APPEAL was filed by hand on the
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`Director of the United States Patent and Trademark Office, at the following
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`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 22314-5793
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`In accordance with 37 C.F.R. § 90.2(a)(2) and Federal Circuit Rule 15(a),
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`the undersigned hereby certifies that on November 13, 2020, a true and correct
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`copy of the foregoing PATENT OWNER’S NOTICE OF APPEAL (with
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`attached Final Written Decision on Remand) was filed electronically with the
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`Clerk of the United States Court of Appeals for the Federal Circuit with the
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`requisite fee, via the Court’s CM/ECF system.
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`IPR2017-00626 (Patent 6,363,345)
`Patent Owner’s Notice of Appeal
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`CERTIFICATE OF SERVICE
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`Pursuant to 37 C.F.R. § 42.6(e), the undersigned hereby certifies that on
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`November 13, 2020, a true and correct copy of the foregoing PATENT
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`OWNER’S NOTICE OF APPEAL was served via e-mail on the following
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`counsel of record (pursuant to the Service Information section of Petitioner’s
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`Updated Mandatory Notices (Paper 39)):
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`Jeffrey P. Kushan (Lead Counsel)
`Registration No. 43,401
`E-mail: jkushan@sidley.com
`Service e-mail: iprnotices@sidley.com
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`Thomas A. Broughan III (Back-up Counsel)
`Registration No. 66,001
`E-mail: tbroughan@sidley.com
`Service e-mail: iprnotices@sidley.com
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`Counsel for Petitioner
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`/William D. Belanger/
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`William D. Belanger (Lead Counsel)
`Registration No. 40,509
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