`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`________________
`
`APPLE INC.,
`Petitioner,
`
`v.
`
`UNIVERSAL SECURE REGISTRY LLC
`Patent Owner
`________________
`
`Case IPR2018-00813
`U.S. Patent No. 9,100,826 B2
`________________
`
`
`PATENT OWNER UNIVERSAL SECURE REGISTRY’S NOTICE OF
`APPEAL TO THE UNITED STATES COURT OF APPEALS FOR
`THE FEDERAL CIRCUIT
`
`
`
`
`
`
`
`Case No. IPR2018-00813
`U.S. Patent No. 9,100,826 B2
`
`
`
`Pursuant to 37 C.F.R. §§ 90.2 and 90.3, and 35 U.S.C. §§ 141 and 142,
`
`Universal Secure Registry LLC (“Patent Owner”) respectfully gives Notice that it
`
`hereby appeals to the United States Court of Appeals for the Federal Circuit the
`
`October 8, 2019 Final Written Decision of the Patent Trial and Appeal Board
`
`(“Board”) in IPR2018-00813 (Paper 46, as corrected on October 25, 2019 in the
`
`Errata, Paper 47) that claims 1, 2, 10, 11, 15, 21, 22, 24, 27, 30, and 31 of U.S.
`
`Patent No. 9,100,826 B2 (“the ’826 patent”) are unpatentable, denial of Patent
`
`Owner’s Contingent Motion to Amend with respect to substitute claims 36, 37, 45,
`
`46, 56, and 57, and all other prior interlocutory and underlying orders, decisions,
`
`rulings, findings and opinions that are adverse to Patent Owner related thereto or
`
`subsumed therein. Patent Owner electronically received the Final Written Decision
`
`on the day the decision was entered.
`
`For the limited purpose of providing the Director with the information
`
`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, 10, 11, 15, 21, 22, 24, 27, 30,
`
`and 31 of the ’826 patent have been shown to be unpatentable under 35 U.S.C.
`
`§ 103 in view of the grounds of unpatentability identified in the Board’s Final
`
`Written Decision, the Board’s denial of Patent Owner’s Contingent Motion to
`
`Amend with respect to substitute claims 36, 37, 45, 46, 56, and 57, challenges to
`
`
`
`
`1
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`
`
`Case No. IPR2018-00813
`U.S. Patent No. 9,100,826 B2
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`any findings supporting these determinations, the Board’s denial of Patent Owner’s
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`Motion to Strike, the Board’s failure to properly consider evidence of record, the
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`Board’s legal errors in undertaking the above analyses, the Board’s findings that
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`conflict with the evidence of record and are not supported by substantial evidence,
`
`the Board’s findings with respect to objective indicia of nonobviousness, and all
`
`other prior interlocutory and underlying orders, decisions, rulings, findings and
`
`opinions decided adversely to Patent Owner.
`
`Simultaneous with this filing and in accordance with 37 C.F.R. § 90.2(a),
`
`this Notice of Appeal is filed with the Director of the United States Patent and
`
`Trademark Office, filed with the Board, and served upon Petitioner in accordance
`
`with 37 C.F.R. § 42.6(e).
`
`In addition, this Notice of Appeal, along with the required fees, is being filed
`
`with the Clerk’s Office for the United States Court of Appeals for the Federal
`
`Circuit in accordance with Fed. Cir. R. 15(a)(1).
`
`In addition to this Notice of Appeal, a copy of the Final Written Decision
`
`(Paper 46) and the subsequent Errata (Paper 47) are being submitted to the Federal
`
`Circuit Court of Appeals CM/ECF System and to the Director of the United States
`
`Patent and Trademark Office. That same Final Written Decision and Errata are not
`
`being refiled with the Board, which already has copies of both.
`
`
`
`
`2
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`
`
`Case No. IPR2018-00813
`U.S. Patent No. 9,100,826 B2
`
` Respectfully submitted,
`
`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
`New York, NY 10010
`Tel: (212) 849-7000
`Fax: (212) 849-7100
`Email: jimglass@quinnemanuel.com
`
`Lead Attorney for Patent Owner –
`Universal Secure Registry LLC
`
`
`
`3
`
`
`
`Date: December 9, 2019
`
`
`
`
`
`
`
`
`
`
`Case No. IPR2018-00813
`U.S. Patent No. 9,100,826 B2
`
`
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`CERTIFICATE OF FILING
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`Pursuant to 37 C.F.R. §90.2(a)(1), I hereby certify that a true and correct
`
`copy of the foregoing “Patent Owner Universal Secure Registry’s Notice of Appeal
`
`to the United States Court of Appeals for the Federal Circuit” was filed
`
`electronically via the Patent Trial and Appeal Board’s End to End (E2E) on
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`December 9, 2019.
`
`CERTIFICATE OF FILING
`
` 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
`
`Notice of Appeal to the United States Court of Appeals for the Federal Circuit” as
`
`well as a copy of the Final Written Decision (IPR2018-00813 Paper 46) and of the
`
`associated Errata (Paper 47) were filed by Express Mail on December 9, 2019,
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`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
`United States Patent and Trademark Office
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`
`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
`
`
`
`
`4
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`Case No. IPR2018-00813
`U.S. Patent No. 9,100,826 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” as well as a copy of the Final Written
`
`Decision (IPR2018-00813 Paper 46) and of the associated Errata (Paper 47) were
`
`filed electronically with the United States Court of Appeals for the Federal Circuit
`
`via CM/ECF on December 9, 2019, along with the required docketing fees, and
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`were also sent via Express Mail to the Clerk’s Office of the United States Court of
`
`Appeals for the Federal Circuit at the following address:
`
`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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`5
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`
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`Case No. IPR2018-00813
`U.S. Patent No. 9,100,826 B2
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`
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`CERTIFICATE OF SERVICE
`
`Pursuant to 37 C.F.R. § 42.6(e), the undersigned hereby certifies that “Patent
`
`Owner Universal Secure Registry’s Notice of Appeal to the United States Court of
`
`Appeals for the Federal Circuit” as well as a copy of the Final Written Decision
`
`(IPR2018-00813 Paper 46) and of the associated Errata (Paper 47) were served on
`
`
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`December 9, 2019 by e-mailing copies to:
`
`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
`
`Mark Selwyn
`mark.selwyn@wilmerhale.com
`WILMER CUTLER PICKERING HALE AND DORR LLP
`950 Page Mill Road
`Palo Alto, CA 94304
`
`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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`6
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`Date: December 9, 2019
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`Case No. IPR2018-00813
`U.S. Patent No. 9,100,826 B2
`
` 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
`
`
`
`
`
`
`7
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