`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`__________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`___________________
`
`SIRIUS XM RADIO INC.,
`
`Petitioner,
`
`v.
`
`
`FRAUNHOFER-GESELLSCHAFT ZUR FÖRDERUNG DER
`ANGEWANDTEN FORSCHUNG E.V.,
`Patent Owner.
`____________________
`
`Case IPR2018-00690
`U.S. Patent No. 6,314,289
`
`__________________________________________________________
`
`PETITIONER’S NOTICE OF APPEAL
`
`
`
`
`
`Petitioner’s Notice of Appeal
`IPR2018-00690 (U.S. Patent No. 6,314,289)
`
`Pursuant to 35 U.S.C. §§ 141 and 142 and 37 C.F.R. §§ 90.2 and 90.3,
`
`Petitioner, Sirius XM Radio Inc. (“Sirius XM”), hereby provides notice that it
`
`appeals to the United States Court of Appeals for the Federal Circuit from the Final
`
`Written Decision of the Patent Trial and Appeal Board (“the Board”) entered July
`
`23, 2020, (Paper 63) and from all underlying orders, decisions, rulings, and
`
`opinions regarding U.S. Patent No. 6,314,289 (“the ’289 Patent”) at issue in inter
`
`partes review IPR2018-00690.
`
`The issues on appeal, pursuant to 37 C.F.R. § 90.2(a)(3)(ii) include, but are
`
`not limited to: the Board’s determination that Petitioner failed to show by a
`
`preponderance of the evidence that claims 1-15, 17-33, and 35 of the ’289 Patent
`
`are unpatentable; the Board’s conclusions that the asserted reference Campenella
`
`was not prior art to the ’289 Patent; the Board’s conclusions regarding whether
`
`Sirius XM put forth a ground against the challenged claims based on the asserted
`
`reference Chen alone; the Board’s conclusions that the asserted reference
`
`Smallcomb was not prior art to the ’289 Patent; the Board’s refusal to consider
`
`arguments and evidence filed in reply to Patent Owner’s Patent Owner Response;
`
`any finding or determination supporting or related to those issues; and all other
`
`issues decided adversely to Sirius XM in any orders, decisions, rulings, and
`
`opinions.
`
`- 1 -
`
`
`
`Petitioner’s Notice of Appeal
`IPR2018-00690 (U.S. Patent No. 6,314,289)
`
`Copies of Petitioner’s Notice of Appeal are being filed simultaneously with
`
`the Director of the United States Patent and Trademark Office, the Patent Trial and
`
`Appeal Board, and the United States Court of Appeals for the Federal Circuit.
`
`Dated: September 23, 2020
`
`
`
`Respectfully submitted,
`
`
`
`/Jonathan S. Caplan/
`
`Jonathan S. Caplan (Reg. No. 38,094)
`Mark A. Baghdassarian (pro hac vice)
`Shannon H. Hedvat (Reg. No. 68,417)
`Jeffrey H. Price (Reg. No. 69,141)
`Kramer Levin Naftalis & Frankel LLP
`1177 Avenue of the Americas
`New York, NY 10036
`Tel: 212.715.9488
`
`(Case No. IPR2018-00690)
`
`Attorneys for Petitioner
`Sirius XM Radio Inc.
`
`- 2 -
`
`
`
`Petitioner’s Notice of Appeal
`IPR2018-00690 (U.S. Patent No. 6,314,289)
`
`
`CERTIFICATE OF SERVICE
`The undersigned certifies, in accordance with 37 C.F.R. § 42.6(e), that
`
`service was made on the Patent Owner as detailed below.
`
`Date of service September 23, 2020
`
`Manner of service Electronic Mail (byorks@irell.com; bredjaian@irell.com;
`dmcphie@irell.com; kvakili@irell.com)
`
`Documents served PETITIONER’S NOTICE OF APPEAL
`
`Persons Served Ben J. Yorks
`Babak Redjaian
`David McPhie
`Kamran Vakili
`
`In addition, the foregoing Petitioner’s Notice of Appeal was filed by Express
`
`Mail on September 23, 2020, with the United States Patent and Trademark Office
`
`at the following address:
`
`Office of the Solicitor
`United States Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`The undersigned hereby certifies that the foregoing Petitioner’s Notice of
`
`Appeal was electronically filed with the United States Court of Appeals for the
`
`Federal Circuit through CM/ECF and pay.gov on September 23, 2020.
`
`
`
`
`
`- 3 -
`
`
`
`Petitioner’s Notice of Appeal
`IPR2018-00690 (U.S. Patent No. 6,314,289)
`
`Pursuant to Federal Circuit Rule 15, one paper copy of the foregoing was
`
`simultaneously sent to the Clerk of the United States Court of Appeals for the
`
`Federal Circuit.
`
`
`
`
`
`/Jonathan Caplan /
`Jonathan S. Caplan (Reg. No. 38,094)
`jcaplan@kramerlevin.com
`Kramer Levin Naftalis & Frankel LLP
`1177 Avenue of the Americas
`New York, NY10036
`(212) 715-9100
`
`
`
`
`
`- 4 -
`
`
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