`________________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`________________
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`APPLE INC.,
`Petitioner,
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`v.
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`UNIVERSAL SECURE REGISTRY LLC
`Patent Owner
`________________
`Case IPR2018-00809
`U.S. Patent No. 9,530,137 B2
`________________
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`PATENT OWNER UNIVERSAL SECURE REGISTRY’S NOTICE OF
`APPEAL TO THE UNITED STATES COURT OF APPEALS FOR
`THE FEDERAL CIRCUIT
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`
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`Case No. IPR2018-00809
`U.S. Patent No. 9,530,137 B2
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`Pursuant to 37 C.F.R. §§ 90.2 and 90.3, and 35 U.S.C. §§ 141 and 142,
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`Universal Secure Registry LLC (“Patent Owner”) respectfully gives Notice that it
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`hereby appeals to the United States Court of Appeals for the Federal Circuit the
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`October 8, 2019 Final Written Decision of the Patent Trial and Appeal Board
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`(“Board”) in IPR2018-00809 (Paper 51) that claims 1, 2, 5–7, 9, and 12 of U.S.
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`Patent No. 9,530,137 B2 (“the ’137 patent”) are unpatentable, denial of Patent
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`Owner’s Contingent Motion to Amend, and all other prior interlocutory and
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`underlying orders, decisions, rulings, findings and opinions that are adverse to
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`Patent Owner related thereto or subsumed therein. Patent Owner electronically
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`received the Final Written Decision on the day the decision was entered.
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`For the limited purpose of providing the Director with the information
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`specified in 37 C.F.R. § 90.2(a)(3)(ii), issues on Patent Owner’s appeal may
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`include the Board’s determination that claims 1, 2, 5–7, 9, and 12 of the
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`’137 patent have been shown to be unpatentable under 35 U.S.C. § 103 in view of
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`the grounds of unpatentability identified in the Board’s Final Written Decision, the
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`Board’s denial of Patent Owner’s Contingent Motion to Amend, challenges to any
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`findings supporting these determinations, the Board’s failure to properly consider
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`evidence of record, the Board’s legal errors in undertaking the above analyses, the
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`Board’s findings that conflict with the evidence of record and are not supported by
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`Case No. IPR2018-00809
`U.S. Patent No. 9,530,137 B2
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`substantial evidence, the Board’s findings with respect to objective indicia of
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`nonobviousness, and all other prior interlocutory and underlying orders, decisions,
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`rulings, findings and opinions decided adversely to Patent Owner.
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`Simultaneous with this filing and in accordance with 37 C.F.R. § 90.2(a),
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`this Notice of Appeal is filed with the Director of the United States Patent and
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`Trademark Office, filed with the Board, and served upon Petitioner in accordance
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`with 37 C.F.R. § 42.6(e).
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`In addition, this Notice of Appeal, along with the required fees, is being filed
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`with the Clerk’s Office for the United States Court of Appeals for the Federal
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`Circuit in accordance with Fed. Cir. R. 15(a)(1).
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`In addition to this Notice of Appeal, a copy of the Final Written Decision
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`(Paper No. 51) is being submitted to the Federal Circuit Court of Appeals CM/ECF
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`System and to the Director of the United States Patent and Trademark Office. That
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`same Final Written Decision is not being refiled with the Board, which already has
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`a copy.
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`Date: December 9, 2019
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` Respectfully submitted,
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`By: /s/ James M. Glass, Reg. No. 46,729
` James M. Glass (Reg. No. 46,729)
`QUINN EMANUEL URQUHART &
`SULLIVAN, LLP
`51 Madison Avenue, 22nd Floor
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`
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`Case No. IPR2018-00809
`U.S. Patent No. 9,530,137 B2
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`New York, NY 10010
`Tel: (212) 849-7000
`Fax: (212) 849-7100
`Email: jimglass@quinnemanuel.com
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`Lead Attorney for Patent Owner –
`Universal Secure Registry LLC
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`Case No. IPR2018-00809
`U.S. Patent No. 9,530,137 B2
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`CERTIFICATE OF FILING
`Pursuant to 37 C.F.R. §90.2(a)(1), I hereby certify that a true and correct
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`copy of the foregoing “Patent Owner Universal Secure Registry’s Notice of Appeal
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`to the United States Court of Appeals for the Federal Circuit” was filed
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`electronically via the Patent Trial and Appeal Board’s End to End (E2E) on
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`December 9, 2019.
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`CERTIFICATE OF FILING
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`Pursuant to 37 C.F.R. §§90.2(a)(1) and 104.2(a), I hereby certify that a true
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`and correct copy of the foregoing “Patent Owner Universal Secure Registry’s
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`Notice of Appeal to the United States Court of Appeals for the Federal Circuit” as
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`well as a true and correct copy of the Final Written Decision (IPR2018-00809
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`Paper 51) were filed by Express Mail on December 9, 2019, with the Director of
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`the United States Patent and Trademark Office, at the following address:
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`Director of the United States Patent and Trademark Office
`c/o Office of the General Counsel
`United States Patent and Trademark Office
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
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`CERTIFICATE OF FILING
`Pursuant to 37 C.F.R. §90.2(a)(2) and Federal Circuit Rules 15(a)(1),
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`25(b)(1) and 52, I hereby certify that a true and correct copy of the foregoing
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`“Patent Owner Universal Secure Registry’s Notice of Appeal to the United States
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`Case No. IPR2018-00809
`U.S. Patent No. 9,530,137 B2
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`Court of Appeals for the Federal Circuit” as well as a true and correct copy of the
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`Final Written Decision (IPR2018-00809 Paper 51) were filed electronically with
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`the United States Court of Appeals for the Federal Circuit via CM/ECF on
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`December 9, 2019, along with the required docketing fees, and were also sent via
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`Express Mail to the Clerk’s Office of the United States Court of Appeals for the
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`Federal Circuit at the following address:
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`Clerk’s Office
`United States Court of Appeals for the Federal Circuit
`717 Madison Place, N.W., Suite 401
`Washington, D.C. 20439
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`Case No. IPR2018-00809
`U.S. Patent No. 9,530,137 B2
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`CERTIFICATE OF SERVICE
`Pursuant to 37 C.F.R. § 42.6(e), the undersigned hereby certifies that “Patent
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`Owner Universal Secure Registry’s Notice of Appeal to the United States Court of
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`Appeals for the Federal Circuit” as well as a copy of the Final Written Decision
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`(IPR2018-00809 Paper 51) were served on December 9, 2019 by e-mailing copies
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`to:
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`Monica Grewal (Reg. No. 40,056)
`monica.grewal@wilmerhale.com
`Ben Fernandez (Reg. No. 55,172)
`ben.fernandez@wilmerhale.com
`Wilmerhale Distribution List
`wh-apple-usr-ipr@wilmerhale.com
`WILMER CUTLER PICKERING HALE AND DORR LLP
`60 STATE STREET
`BOSTON, MA 02109
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`Mark Selwyn
`mark.selwyn@wilmerhale.com
`WILMER CUTLER PICKERING HALE AND DORR LLP
`950 Page Mill Road
`Palo Alto, CA 94304
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`Matthew A. Argenti (Reg. No. 61,836)
`margenti@wsgr.com
`Michael T. Rosato (Reg. No. 52,182)
`mrosato@wsgr.com
`WILSON SONSINI GOODRICH & ROSATI
`650 Page Mill Road
`Palo Alto, CA 94304-1050
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`Date: December 9, 2019
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`Case No. IPR2018-00809
`U.S. Patent No. 9,530,137 B2
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` Respectfully submitted,
`By: /s/ Christopher A. Mathews
` Christopher A. Mathews (Reg. No. 35,944)
`QUINN EMANUEL URQUHART & SULLIVAN,
`LLP
`865 S. Figueroa St., 10th Floor
`chrismathews@quinnemanuel.com
`
`Backup Counsel for Patent Owner –
`Universal Secure Registry LLC
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