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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`____________________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`____________________
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`GOOGLE LLC, ZTE (USA), INC., SAMSUNG ELECTRONICS CO., LTD., LG
`ELECTRONICS INC., HUAWEI DEVICE USA, INC., HUAWEI DEVICE CO.
`LTD., HUAWEI TECHNOLOGIES CO. LTD., HUAWEI DEVICE
`(DONGGUAN) CO. LTD., HUAWEI INVESTMENT & HOLDING CO. LTD.,
`HUAWEI TECH. INVESTMENT CO. LTD., and HUAWEI DEVICE (HONG
`KONG) CO. LTD.,
`Petitioner,
`
`v.
`
`CYWEE GROUP LTD.
`Patent Owner
`
`____________________
`
`Case IPR2018-01257
`
`Patent No. 8,552,978 B2
`____________________
`
`
`PATENT OWNER AMENDED NOTICE OF APPEAL
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`
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`Patent Owner CyWee Group, Ltd. (“CyWee”) hereby gives notice to the
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`Patent Trial and Appeal Board (“the Board”) and the Director of the Patent and
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`Trademark Office, pursuant to the Court of Appeals for the Federal Circuit’s Order
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`of Jan 28, 2022, (Dkt. 113) in joint appeal 2020-1565 and 2020-1567, and 35 U.S.C.
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`§§ 141, 142, and 319, and 37 C.F.R. § 90.2(a), of CyWee’s appeal to the Court of
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`Appeals for the Federal Circuit from a Final Written Decision in GOOGLE LLC, et
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`al. v. CyWee Group Ltd., IPR2018-01257, dated January 9, 2020 (which was the
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`subject of the Original Notice of Appeal filed on March 6, 2020), an Order by
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`Andrew Hirshfeld, Commissioner for Patents, Performing the Functions and Duties
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`of the Under Secretary of Commerce for Intellectual Property and Director of the
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`United States Patent and Trademark Office entered on January 7, 2022, denying
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`review of the Final Written Decision, and from all underlying orders, decisions,
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`rulings, and opinions in this inter partes review concerning U.S. Patent No.
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`8,552,978 ("the ’978 Patent"). A copy of the January 7, 2022, Order denying review
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`is attached as Exhibit 1. A copy of the February 17, 2021, Final Written Decision is
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`attached as Exhibit 2.
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`In accordance with 37 C.F.R. § 90.2(a)(3)(ii), CyWee further indicates that
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`the issues on appeal include, but are not limited to, whether the January 7, 2022,
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`Order denying review violated the Federal Vacancies Reform Act, the Appointments
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`
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`
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`Clause, the Due Process Clause, separation of powers, the deadlines imposed under
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`35 U.S.C. § 316(a)(11), or the Supreme Court's mandate in United States v. Arthrex,
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`Inc., 141 S. Ct. 1970 (2021).
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`A copy of this Amended Notice of Appeal is being filed electronically with
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`the Board via PT AB E2E and with the Clerk's Office for the Federal Circuit via
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`Respectfully submitted,
`
`
`
`
`
`/Jay P. Kesan/
`Jay P. Kesan
`Reg. No. 37,488
`
`Counsel for Patent Owner
`Cywee Group Ltd.
`
`ECF.
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`
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`
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`
`
`
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`
`
` Dated: February 11, 2022
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`
`
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`
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`
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`
`
`2
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`
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`Certificate of Service
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`Pursuant to 37 C.F.R. § 42.6(e), the undersigned certifies that on the date
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`indicated below, a complete and entire copy of this submission, including the
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`attachments hereto, was provided to Petitioners’ counsel via email, as agreed to by
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`Petitioners’ Service Information in the Petition submissions, by serving the email
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`
`
`
`
`/Jay P. Kesan/
`Jay P. Kesan
`Reg. No. 37,488
`
`Counsel for Patent Owner
`Cywee Group Ltd.
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`addresses of record as follows:
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`
`
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`Dated: February 11, 2022
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`
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`3
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`
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