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`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`___________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`___________________
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`FACEBOOK, INC., WHATSAPP INC., and APPLE INC.,
`Petitioner
`
`v.
`
`UNILOC 2017 LLC
`Patent Owner
`___________________
`
`Case IPR2017-016681
`Patent 8,724,622 B2
`___________________
`
`
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`PETITIONER APPLE INC.’S NOTICE OF APPEAL
`
`
`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
`
`1 Apple Inc., which filed a petition in IPR2018-00580, has been joined as a
`
`petitioner in IPR2017-01668.
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`
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`
`
`IPR2017-01668
`U.S. Patent No. 8,724,622
`
`Pursuant to 37 C.F.R. § 90.2(a) and 35 U.S.C. § 142, Joinder Petitioner
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`
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`Apple Inc. hereby appeals to the United States Court of Appeals for the Federal
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`Circuit from the Patent Trial and Appeal Board’s (“Board’s”) Final Written
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`Decision entered January 16, 2019 (Paper 35) and Denial of Request for Rehearing
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`entered May 15, 2019 (Paper 37), and from all underlying and related findings,
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`orders, decisions, rulings and opinions. A copy of the Board’s Final Written
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`Decision and Denial of Request for Rehearing are attached hereto.
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`For the limited purpose of providing the Director with the information
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`requested in 37 C.F.R. § 90.2(a)(3)(ii), Joinder Petitioner Apple Inc. further
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`indicates that the issues on appeal may include, but are not limited to, the Board’s
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`determination that claims 4 and 5 of U.S. Patent No. 8,724,622 have not been
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`shown to be unpatentable under 35 U.S.C. § 103, the findings, rulings and
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`conclusions supporting or relating to those determinations, and any other issues
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`decided adversely to Joinder Petitioner Apple Inc. in any orders, decisions, ruling,
`
`or opinions.
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`Simultaneous with this submission, this Notice of Appeal is being
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`electronically filed with the Clerk of the United States Court of Appeals for the
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`Federal Circuit, together with the requisite fee at the following address
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`http://ecf.cafc.uscourts.gov. In addition, a copy of this Notice of Appeal is being
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`filed with the Patent Trial and Appeal Board, the Director of the United States
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`- 1 -
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`
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`IPR2017-01668
`U.S. Patent No. 8,724,622
`
`
`Patent and Trademark Office c/o the Office of the General Counsel, and served
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`upon counsel of record for the patent owner.
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`Respectfully submitted,
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`STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
`
`/Jason D. Eisenberg/
`
`Jason D. Eisenberg, Reg. No. 43,447
`Attorney for Petitioner Apple Inc.
`
`Date: July 16, 2019
`1100 New York Avenue, N.W.
`Washington, D.C. 20005
`(202) 371-2600
`
`
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`- 2 -
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`IPR2017-01668
`U.S. Patent No. 8,724,622
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`CERTIFICATION OF FILING
`
`The undersigned hereby certifies that, in addition to being electronically
`
`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
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`by hand with the Director on July 16, 2019 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
`
`
`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 July 16, 2019.
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`STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
`
`/Jason D. Eisenberg/
`
`Jason D. Eisenberg, Reg. No. 43,447
`Attorney for Petitioner Apple Inc.
`
`Date: July 16, 2019
`1100 New York Avenue, N.W.
`Washington, D.C. 20005
`(202) 371-2600
`
`
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`- 3 -
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`IPR2017-01668
`U.S. Patent No. 8,724,622
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`CERTIFICATION OF SERVICE
`
`The undersigned hereby certifies that a true and correct copy of the foregoing
`
`
`
`
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`PETITIONER APPLE INC.’S NOTICE OF APPEAL was served electronically
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`via e-mail on July 16, 2019, in its entirety on the following:
`
`Brett Mangrum (Lead Counsel for Patent Owner)
`Ryan Loveless (Back-up Counsel for Patent Owner)
`James Etheridge (Back-up Counsel for Patent Owner)
`Jeffrey Huang (Back-up Counsel for Patent Owner)
`ETHERIDGE LAW GROUP
`brett@etheridgelaw.com
`ryan@etheridgelaw.com
`jim@etheridgelaw.com
`jeff@etheridgelaw.com
`
`Sean D. Burdick (Back-up Counsel for Patent Owner)
`Uniloc USA, Inc.
`sean.burdick@unilocusa.com
`
`Heidi L. Keefe (Lead Counsel for Petitioners Facebook and WhatsApp)
`Phillip Morton (Back-up Counsel for Petitioners Facebook and WhatsApp)
`Lowell Mead (Back-up Counsel for Petitioners Facebook and WhatsApp)
`Lisa Schwier (Back-up Counsel for Petitioners Facebook and WhatsApp)
`Andrew Mace (Back-up Counsel for Petitioners Facebook and WhatsApp)
`COOLEY LLP
`hkeefe@cooley.com
`pmorton@cooley.com
`lmead@cooley.com
`lschwier@cooley.com
`amace@cooley.com
`
`
`
`
`
`
`
`Date: July 16, 2019
`1100 New York Avenue, N.W.
`Washington, D.C. 20005
`(202) 371-2600
`
`
`13444119_1.docx
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`
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`
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`IPR2017-01668
`U.S. Patent No. 8,724,622
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`STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
`
`/Jason D. Eisenberg/
`
`Jason D. Eisenberg, Reg. No. 43,447
`Attorney for Petitioner Apple Inc.
`
`
`
`
`
`
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