`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`
`
`
`
`
`
`APPLE INC., SAMSUNG ELECTRONICS AMERICA, INC.,
`HTC CORP., HTC AMERICA, INC., and LG ELECTRONICS, INC.,
`
`
`Petitioner
`
`v.
`
`UNILOC 2017 LLC,
`
`Patent Owner
`
`
`
`IPR2018-00424
`PATENT 7,881,902 B1
`
`
`
`
`
`PATENT OWNER’S NOTICE OF CROSS-APPEAL
`
`Mail Stop
`Patent Board
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`
`
`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 cross-appeals
`
`to the United States Court of Appeals for the Federal Circuit from the Final Written
`
`Decision entered July 16, 2019 (Paper 21) and from all underlying findings, orders,
`
`decisions, rulings, and opinions, including, without limitation the institution decision
`
`entered August 2, 2018 (Paper 7).
`
`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 decision that Claims 1–6, 9, and 10 of U.S. Patent No
`
`7,881,902 B1 (the “’902 patent”) were shown by a reasonable likelihood to be
`
`unpatentable; the Board’s subsequent determination that Claims 1–6 and 10 are
`
`unpatentable; 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 – including
`
`constitutionality of the appointment of PTAB judges.
`
`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.
`
`
`
`2
`
`
`
`
`
`
`
`
`
`DATED: December 30, 2019
`
`By: /Ryan Loveless/
`Ryan Loveless (Reg. No. 51,970)
`
`Brett Mangrum (Reg. No. 64,783)
`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 Appeal was filed
`
`by Priority Mail Express on December 30, 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 Appeal, along
`
`with the required docket fee, was filed on December 30, 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 Appeal by electronic mail on December 30, 2019, on the counsel of
`
`record for Petitioner:
`
`andy.ehmke.ipr@haynesboone.com
`michael.parsons.ipr@haynesboone.com
`
`dina.blikshteyn.ipr@haynesboone.com
`
`
`
`DATED: December 30, 2019
`
`By: /Ryan Loveless/
`Ryan Loveless (Reg. No. 51,970)
`
`
`
`4
`
`
`
`
`
`
`
`