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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`____________________________________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`SAMSUNG ELECTRONICS CO., LTD. and
`SAMSUNG ELECTRONICS AMERICA, INC.,
`Petitioner
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`v.
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`PAPST LICENSING GMBH & CO. KG,
`Patent Owner
`_____________________
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`IPR2017-007141
`U.S. Patent No. 6,470,399
`_____________________
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`PATENT OWNER’S NOTICE OF 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 Case IPR2017-01808 has been joined with this proceeding.
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`Pursuant to 35 U.S.C. §§ 141 and 142 and 37 C.F.R. § 90.2(a), Patent Owner
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`Papst Licensing GmbH & Co. KG (“Patent Owner”) hereby provides notice that it
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`appeals to the United States Court of Appeals for the Federal Circuit from the Final
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`Written Decision of the Patent Trial and Appeal Board (“Board”) entered March 19, 2018
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`(Paper 32), and from all underlying findings, orders, decisions, rulings, and opinions,
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`including, without limitation the institution decision entered June 21, 2017 (Paper 10).
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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 Board’s determination that claims 1-3, 5, 6,
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`11, 14, and 15 of U.S. Patent No. 6,470,399 have been shown by a preponderance of the
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`evidence to be unpatentable; the Board’s consideration of the expert testimony, prior art,
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`and other evidence in the record; the Board’s determinations in the institution decision;
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`and the Board’s factual findings, conclusions of law, or other determinations supporting
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`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
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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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`fee, 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: May 17, 2018
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`Respectfully submitted,
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`/ Nicholas T. Peters /
` Nicholas T. Peters
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`Registration No. 53,456
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`Paul B. Henkelmann
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`Registration No. 65,891
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`FITCH, EVEN, TABIN & FLANNERY LLP
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`120 S. LaSalle Street, Suite 2100
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`Chicago, IL 60603
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`Counsel for Patent Owner Papst Licensing
`GmbH & Co., KG
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`CERTIFICATE OF FILING AND 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 May 17, 2018, with the Director of the United States Patent and
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`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 May 17, 2018, with the Clerk’s Office for
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`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 May 17, 2018, on the counsel of record
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`for Petitioners, Samsung Electronics Co., Ltd. and Samsung Electronics America,
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`Inc. at the following addresses:
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`Brian Rupp, brian.rupp@dbr.com
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`Carrie Beyer, carrie.beyer@dbr.com
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`Nikola Colic, nick.colic@dbr.com
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`DATED: May 17, 2018
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`/Nicholas T. Peters/
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` Nicholas T. Peters
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`Registration No. 53,456
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`Paul B. Henkelmann
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`Registration No. 65,891
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`FITCH, EVEN, TABIN & FLANNERY LLP
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`120 S. LaSalle Street, Suite 2100
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`Chicago, IL 60603
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