`Filed: September 7, 2018
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`———————
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`———————
`
`
`
`FLIR Systems, Inc.
`and
`FLIR Maritime US, Inc. (f/k/a Raymarine, Inc.),
`Petitioners,
`
`v.
`
`Garmin Switzerland GmbH,
`Patent Owner
`
`———————
`
`
`PETITIONER’S NOTICE OF APPEAL UNDER 37 C.F.R. § 90.2(a)
`
`
`
`
`
`
`
`Pursuant to 37 C.F.R. § 90.2(a), notice is hereby given that Petitioner FLIR
`
`Case IPR2017-00946
`Patent No. 7,268,703
`
`
`
`
`
`Systems, Inc. and FLIR Maritime US, Inc. (f/k/a Raymarine, Inc.) (“FLIR”)
`
`appeals to the United States Court of Appeals for the Federal Circuit from the Final
`
`Written Decision (Paper No. 38) (the “Final Written Decision”), in IPR2017-
`
`00946, entered on July 10, 2018, by the United States Patent and Trademark
`
`Office, Patent Trial and Appeal Board (the “Board”), and from all underlying
`
`orders, decisions, rulings, and opinions. A copy of the Final Written Decision is
`
`attached hereto as Exhibit A.
`
`
`
`In accordance with 37 C.F.R. § 90.2(a)(3)(ii), FLIR further indicates that the
`
`issues on appeal may include, but are not limited to, the Board’s determination that
`
`claims 1–7, 12–23, 25–27, and 41–44 of U.S. Patent Number 7,268,703 have not
`
`been shown to be unpatentable, specifically, that (1) claims 1, 7, 12, 19, and 27 are
`
`not anticipated under 35 U.S.C. § 102 by de Jong, or that (2) claims 2–6, 13–18,
`
`20–23, 25, 26, and 41–44 would not have been obvious under 35 U.S.C. § 103 in
`
`light of de Jong and Tetley. The issues on appeal may also include the Board’s
`
`determination to grant Patent Owner’s contingent motion to amend with respect to
`
`cancelling claim 45 and substituting proposed claims 72 and 73 for claims 28 and
`
`29.
`
`
`
`Simultaneous with this submission, a copy of this Notice of Appeal is being
`
`filed through the Patent Trial and Appeal Board End to End (“PTAB E2E”)
`
`1
`
`
`
`System. In addition, a copy of the Notice of Appeal, along with the required
`
`Case IPR2017-00946
`Patent No. 7,268,703
`
`
`
`docketing fee, is being filed with the Clerk of Court for the United States Court of
`
`Appeals for the Federal Circuit.
`
`
`
`Dated: September 7, 2018
`
`
`
`
`Respectfully submitted,
`
`/ Brian E. Ferguson/
`Brian E. Ferguson (Reg. No. 36,801)
`Christopher Pepe (Reg. No. 73,851)
`Stephen P. Bosco (pro hac vice)
`Weil, Gotshal & Manges LLP
`2001 M Street NW, Suite 600
`Washington, D.C. 20036
`T: 202-682-7000
`
`Anish R. Desai (Reg. No. 73,760)
`Weil, Gotshal & Manges LLP
`767 Fifth Avenue
`New York, NY 10153-0119
`T: 212-310-8730
`
`Counsel for Petitioners
`
`
`
`
`
`
`
`
`
`
`2
`
`
`
`CERTIFICATE OF SERVICE
`
`Case IPR2017-00946
`Patent No. 7,268,703
`
`
`
`
`
`The undersigned certifies that, in addition to being filed electronically
`
`through the PTAB E2E System, the original version of Petitioner’s Notice of
`
`Appeal, has been sent via priority mail on September 7, 2018, to 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
`United States Patent and Trademark Office
`Madison Building East, Room 10B20
`600 Dulany Street
`Alexandria, VA 22314-5793
`
`
`
`
`The undersigned also certified that a true and correct copy of Petitioner’s
`
`Notice of Appeal and the required filing fee were filed electronically via CM/ECF
`
`on September 7, 2018, with the Clerk of Court for the United States Court of
`
`Appeals for the Federal Circuit.
`
`
`
`The undersigned also certifies that a true and correct copy of Petitioner
`
`General Electric’s Notice of Appeal was served on September 7, 2018, via
`
`electronic mail, upon the following counsel of record for Patent Owner Garmin
`
`Switzerland GmbH:
`
`
`
`3
`
`
`
`Case IPR2017-00946
`Patent No. 7,268,703
`
`
`
`Jennifer C. Bailey
`Adam P. Seitz
`ERISE IP, P.A.
`6201 College Blvd., Suite 300
`Overland Park, Kansas 66211
`Telephone: (913) 777-5600
`Fax: (913) 777-5601
`PTAB@eriseip.com
`
`
`
`
`
`
`
`
`
`Dated: September 7, 2018
`
`
`
`
`Respectfully submitted,
`
`/ Brian E. Ferguson/
`Brian E. Ferguson (Reg. No. 36,801)
`Weil Gotshal & Manges LLP
`2001 M Street, NW
`Washington, DC 20036
`T: 202-682-7000
`E: FLIR.703.IPR@Weil.com
`
`
`
`
`
`
`
`
`
`
`4
`
`
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