`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`FACEBOOK, INC., WHATSAPP INC., HUAWEI DEVICE CO., LTD., LG
`ELECTRONICS, INC., AND APPLE INC.,
`Petitioners,
`
`v.
`
`UNILOC 2017 LLC
`Patent Owner.
`
`Case IPR2017-01667
`U.S. Patent No. Patent 8,724,622 B2
`
`FACEBOOK, INC., WHATSAPP INC., and APPLE INC.,
`Petitioners
`
`v.
`
`UNILOC 2017 LLC,
`Patent Owner.
`
`Case IPR2017-01668
`U.S. Patent No. Patent 8,724,622 B2
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`PATENT OWNER’S NOTICE OF CROSS-APPEAL
`
`
`Director of the United States Patent and Trademark Office
`c/o Office of the General Counsel
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`
`
`For its final written decision, the Board consolidated Case Nos. IPR2017-
`
`01667 (“-1667”)1 and IPR2017-01668 (“-1668).2 This same consolidation was
`
`maintained for the decision on request for rehearing. And, Patent Owner maintains
`
`the consolidation for this Notice of Cross-Appeal.
`
`Pursuant to 35 U.S.C. §§ 141 and 142 and 37 C.F.R. §§ 90.2 and 90.3, Patent
`
`Owner Uniloc 2017 LLC. (“Patent Owner”) hereby provides notice that it appeals to the
`
`United States Court of Appeals for the Federal Circuit from the Consolidated Final
`
`Written Decision entered January 16, 2019 (Paper 37 for -1667, Paper 35 for -1668); the
`
`Consolidated Decision Denying Patent Owner’s Request for Rehearing entered May 15,
`
`2019 (Paper 39 for -1667, Paper 37 for -1668); and from all underlying findings, orders,
`
`decisions, rulings, and opinions, including, without limitation the institution decisions for
`
`entered January 19, 2018 (Paper 8 for -1667, Paper 8 for -1668).
`
`In accordance with 37 C.F.R. § 90.2(a)(3)(ii), Patent Owner states that the issues
`
`for appeal include, but are not limited to: the Patent Trial and Appeals Board (“Board”)’s
`
`determinations in the institution that Claims 3, 6–8, 10, 11, 13–23, 27–35, 38, and 39
`
`(for -1667) and Claims 4, 5, 12, and 24–26 (for -1668) of U.S. Patent No 8,724,622 B2
`
`(the “’622 patent”) were shown by a reasonable likelihood to be unpatentable; the
`
`
`1 Huawei Device Co., Ltd. and LG Electronics, Inc., which filed a petition in
`Case
`IPR2017-02090, and Apple
`Inc., which
`filed a petition
`in Case
`IPR2018-00579, were joined as petitioners in IPR2017-01667
`2 Apple Inc., which filed a petition in Case IPR2018-00580, was joined
`as a petitioner in IPR2017-01668.
`
`
`2
`
`
`
`Board’s subsequent determination that claims 3, 6–8, 10–35, 38, and 39 (consolidated
`
`1667/1668 decision) are unpatentable; the Decision Denying Patent Owner’s Request for
`
`Rehearing (consolidated 1667/1668 decision); the Board’s consideration and analysis of
`
`the expert testimony, prior art, and other evidence in the record; and the Board’s factual
`
`findings, conclusions of law, or other determinations supporting or relating to the above
`
`issues.
`
`Pursuant to 35 U.S.C. § 142 and 37 C.F.R. § 90.2(a), this Notice is being filed
`
`with the Director of the United States Patent and Trademark Office. Simultaneous
`
`with this submission, a copy of this Notice is being filed with the Patent Trial and
`
`Appeal Board. In addition, a copy of this Notice, along with the required docketing
`
`fees, is being filed with the Clerk’s office of the United States Court of Appeals for
`
`the Federal Circuit.
`
`DATED: July 17, 2019
`
`
`
`
`
`
`
`By: /s/ Brett Mangrum
`Brett Mangrum (Reg. No. 64,783)
`
`Ryan Loveless (Reg. No. 51,970)
`James Etheridge (Reg. No. 37,614)
`Jeffrey Huang (Reg. No. 68,639)
`Etheridge Law Group
`2600 E. Southlake Blvd., Ste. 120-324
`Southlake, TX 76092
`brett@etheridgelaw.com
`ryan@etheridgelaw.com
`jim@etheridgelaw.com
`jeff@etheridgelaw.com
`817-470-7249
`
`Attorneys for Uniloc 2017 LLC
`
`3
`
`
`
`CERTIFICATE OF SERVICE
`
`The undersigned certifies that, in addition to being filed electronically through
`
`the Patent Trial and Appeal Board’s E2E, the foregoing Notice of Cross-Appeal was
`
`filed by Express Mail on July 17, 2019, with 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
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`The undersigned certifies that a copy of the foregoing Notice of Cross-Appeal,
`
`along with the required docket fee, was filed on July 17, 2019, with the Clerk’s
`
`Office for the United States Court of Appeals for the Federal Circuit through the
`
`Court’s CM/ECF filing system.
`
`The undersigned certifies service pursuant to 37 C.F.R. § 42.6(e) of a copy of
`
`this Notice of Cross-Appeal by electronic mail on July 17, 2019, on the counsel of
`
`record for Petitioner:
`
`Lead Counsel
`
`Heidi Keefe
`
`40,673
`
`hkeefe@cooley.com
`
`First Back Up Counsel
`
`Phillip Morton
`
`57835
`
`pmorton@cooley.com
`
`Back Up Counsel
`
`David Garr
`
`74932
`
`dgarr@cov.com
`
`Back Up Counsel
`
`Greg Discher
`
`42488
`
`gdischer@cov.com
`
`Back Up Counsel
`
`Anand Sharma
`
`43,916
`
`anand.sharma@finnegan.com
`
`Back Up Counsel
`
`Minjae Kang
`
`67,054
`
`minjae.kang@finnegan.com
`
`4
`
`
`
`
`
`
`
`
`
`Back Up Counsel
`
`Joshua Goldberg
`
`59369
`
`joshua.goldberg@finnegan.com
`
`Back Up Counsel
`
`Bradford Schulz
`
`75006
`
`bradford.schulz@finnegan.com
`
`First Back Up Counsel
`
`Jason Eisenberg
`
`43447
`
`jasone-ptab@sternekessler.com
`
`IPR2017-01668
`
`Back Up Counsel
`
`Michael Specht
`
`54463
`
`mspecht-ptab@sternekessler.com
`
`IPR2017-01668
`
`Back Up Counsel
`
`Trent Merrell
`
`73771
`
`tmerrell-ptab@sternekessler.com
`
`IPR2017-01668
`
`
`DATED: July 17, 2019
`
`
`By: /s/ Brett A. Mangrum
`Brett A. Mangrum
`
`
`
`
`
`5
`
`