`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`____________________
`
`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
`____________________
`
`
`PATENT OWNER NOTICE OF APPEAL
`
`
`
`
`
`
`
`
`
`Patent Owner hereby gives notice, pursuant to 35 U.S.C. § 142 and 37 C.F.R.
`
`§ 90.2(a) and 90.3(a), to the Director of the United States Patent and Trademark
`
`Office that Patent Owner hereby appeals to the United States Court of Appeals for
`
`the Federal Circuit from the final written decision of the Patent Trial and Appeal
`
`Board under 35 U.S.C. § 318(a) in Google LLC, et al. v. CyWee Group Ltd.,
`
`IPR2018-01257, dated January 9, 2020, and from all underlying orders, decisions,
`
`ruling and opinions adverse to Patent Owner regarding the following issues:
`
`1.
`
`That Petitioner Google failed to disclose all Real Parties in Interest
`
`and/or Privies as required by 35 U.S.C. § 315, and that this IPR must be (and should
`
`have been) terminated and dismissed because one or more of the undisclosed parties
`
`were time-barred at the time that the Petitioner filed its petition;
`
`2.
`
`That Patent Owner was entitled to additional discovery regarding
`
`Petitioner’s relationship with undisclosed Real Parties in Interest and/or Privies;
`
`3.
`
`4.
`
`That Bachmann is not analogous prior art;
`
`That claims 10 and 12 of U.S. Patent 8,552,978 (the “‘978 Patent”) are
`
`not obvious under 35 U.S.C. § 103 over U.S. Pat. Pub. US 2004/0095317 A1 to
`
`Zhang, et al (“Zhang”) in view of U.S. Patent 7,089,148 B1 to Bachmann
`
`(“Bachmann”);
`
`
`
`
`
`
`
`5.
`
`That claims 10 and 12 of the ‘978 Patent are not obvious under 35
`
`U.S.C. § 103 over U.S. Patent 7,138,118 B2 to Liberty (“Liberty”) in view of
`
`Bachmann;
`
`6.
`
`That proposed amended claims 19 and 20 (corresponding to original
`
`claims 10 and 12) of the ‘978 Patent are supported by the provisional application to
`
`which the ‘978 Patent expressly claims priority (App. No. 61/292,558), and that the
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`amended claims are not obvious under 35 U.S.C. § 103 over U.S. Patent Pub. US
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`2010/0312468 to Withanawasam (“Withanawasam”) in view of Bachmann or any
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`other combination of cited prior art;
`
`7.
`
`That this IPR must be (and should have been) terminated and dismissed
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`because each and every decision and ruling, including the Decision to Institute, was
`
`made by Administrative Patent Judges whose appointment violates
`
`the
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`Appointments Clause of the U.S. Constitution;
`
`8.
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`That the Board improperly construed the challenged claims of the ‘978
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`Patent, including construing the term “3D pointing device” to not require that said
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`device is handheld.
`
`Simultaneous with this submission, a copy of this Notice of Appeal is being
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`filed electronically with the Patent Trial and Appeal Board pursuant to 37 C.F.R. §
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`90.2(a). A copy of this Notice of Appeal along with the required docketing fees, and
`
`
`
`2
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`
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`a copy of the Decision on Appeal, has also be simultaneously transmitted to the clerk
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`of the court for the Federal Circuit pursuant to Fed. Cir. Rule 15(a)(1).
`
`Respectfully submitted,
`
`
`
`
`
`/Jay P. Kesan/
`Jay P. Kesan
`Reg. No. 37,488
`
`Counsel for Patent Owner
`Cywee Group Ltd.
`
`
`
`
`
`
`
` Dated: March 6, 2020
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`3
`
`
`
`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
`
`attachments hereto, was provided to Petitioners’ counsel via email, as agreed to by
`
`Petitioners’ Service Information in the Petition submissions, by serving the email
`
`addresses of record as follows:
`
`Counsel for Google:
`
`Matthew A. Smith
`smith@smithbaluch.com
`
`
`
`Andrew S. Baluch
`baluch@smithbaluch.com
`
`
`
`
`
`Yeuzhong Feng
`yfeng@brinksgilson.com
`
`ZTE_CyweeIPRs@brinksgilson.com
`
`
`Christopher M. Colice
`colice@smithbaluch.com
`
`Counsel for ZTE:
`
`James R. Sobieraj
`jsobierah@brinksgilson.com
`
`Andrea Shoffstall
`ashoffstall@brinksgilson.com
`
`Counsel for Samsung:
`
`Naveen Modi
`Chetan Bansal
`PH-Samsung-Cywee-IPR@paulhastings.com
`
`
`
`
`4
`
`
`
`
`
`
`
`
`
`
`
`Andrew Devkar
`andrew.devkar@morganlewis.com
`
`Adam Brooke
`adam.brooke@morganlewis.com
`
`
`
`
`
`
`
`
`/Jay P. Kesan/
`Jay P. Kesan
`Reg. No. 37,488
`
`Counsel for Patent Owner
`Cywee Group Ltd.
`
`Counsel for LG:
`
`Collin Park
`collin.park@morganlewis.com
`
`Jeremy Peterson
`jeremy.peterson@morganlewis.com
`
`MLB_CyweevsLGE@morganlewis.com
`
`Counsel for Huawei:
`
`Kristopher L. Reed
`Benjamin M. Kleinman
`Norris P. Boothe
`HuaweiCywee@kilpatricktownsend.com
`
`
`
`
`Dated: March 6, 2020
`
`
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`5
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