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`UNITED STATES PATENT AND TRADEMARK OFFICE
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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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`QUALCOMM INCORPORATED,
` Patent Owner
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`Case No. IPR2018-01279
`Patent No. 7,844,037
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`PETITIONER’S NOTICE OF APPEAL
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`Pursuant to 35 U.S.C. §§ 141(c) and 319, and 37 C.F.R. § 90.2(a), notice is
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`Case No. IPR2018-01279
`Attorney Docket No.: 39521-0050IP1
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`hereby given that Petitioner Apple Inc. hereby appeals to the United States Court
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`of Appeals for the Federal Circuit from the Final Written Decision in Case
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`No. IPR2018-01279 entered January 2, 2020 (Paper 45) (“Final Written Decision”)
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`by the Patent Trial and Appeal Board (“the Board”), and from all underlying
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`orders, decisions, rulings, and opinions related thereto and included therein. This
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`appeal is timely under 35 U.S.C. § 142 and Rule 15(a)(1) of the Federal Rules of
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`Appellate Procedure.
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`In accordance with 37 C.F.R. § 90.2(a)(3)(ii), the expected issues on appeal
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`include, but are not necessarily limited to:
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`(1) The Board’s decision that claims 1–8, 12–14, and 16–18 of U.S. Patent
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`No. 7,844,037 (Ex. 1001) were not shown to be unpatentable under
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`35 U.S.C. § 103(a) as obvious over U.S. Patent No. 6,301,338 to J.
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`Mäkelä et al. (Ex. 1004, “Mäkelä”) in view of U.S. Patent Application
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`2003/0104827 to B. Moran et al. (Ex. 1006, “Moran”);
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`(2) The Board’s decision that claims 7–11 were not shown to be
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`unpatentable under 35 U.S.C. § 103(a) as obvious over Mäkelä in view
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`of Moran and U.S. Patent Application 2004/0203956 to I. Tsampalis (Ex.
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`1007, “Tsampalis”);
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`1
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`(3) The Board’s construction of the term “composing” in all claims under
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`Case No. IPR2018-01279
`Attorney Docket No.: 39521-0050IP1
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`review, including the Board’s interpretation of that construction and its
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`application to the prior art;
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`(4) The Board’s decision not to consider certain arguments raised by
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`Petitioner relating to claim 28 of Mäkelä;
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`(5) The Board’s interpretation of the prior art;
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`(6) The Board’s legal errors in undertaking the aforementioned obviousness
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`analysis;
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`(7) The Board’s findings that conflict with the evidence of record or are
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`otherwise not supported by substantial evidence;
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`(8) The Board’s failure to consider evidence of record fully and properly;
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`and
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`(9) all other issues decided adversely to Petitioner in any orders, decisions,
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`ruling and opinion underlying or supporting the Final Written Decision.
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`Per 35 U.S.C. § 142 and 37 C.F.R. § 90.2(a)(1), this notice is being filed
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`with the Director of the U.S. Patent and Trademark Office, and a copy is also being
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`filed with the Board. Per Federal Circuit Rule 15(a)(1) and 37 C.F.R. 90.2(a)(2),
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`Petitioner is also sending a paper copy of this Notice of Appeal to the Clerk of the
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`U.S. Court of Appeals for the Federal Circuit, and paying the fee set forth in
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`Federal Circuit Rule 42.
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`2
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`Case No. IPR2018-01279
`Attorney Docket No.: 39521-0050IP1
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`Respectfully submitted,
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`/Timothy W. Riffe/
`W. Karl Renner, Reg. No. 41,265
`Thomas A. Rozylowicz, Reg. No. 50,620
`Timothy W. Riffe, Reg. No. 43,881
`Dan Smith, Reg. No. 71,278
`Fish & Richardson P.C.
`3200 RBC Plaza, 60 South Sixth St.
`Minneapolis, MN 55402
`T: 202-783-5070
`F: 877-769-7945
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`Attorneys for Petitioner
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`Date: March 4, 2020
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`Case No. IPR2018-01279
`Attorney Docket No.: 39521-0050IP1
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`CERTIFICATE OF SERVICE
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`Pursuant to 37 CFR §§ 42.6(e)(4) and 42.205(b), the undersigned certifies
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`that on March 4, 2020, a complete and entire copy of this Petitioner’s Notice of
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`Appeal was provided via email to the Patent Owner by serving the correspondence
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`address of record as follows:
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`Brian W. Oaks
`Eliot Williams
`Chad Walters
`Joseph Akalski
`Charles Yeh
`Jessica Lin
`Puneet Kohli
`Baker Botts L.L.P.
`1001 Page Mill Road, Building One, Suite 200
`Palo Alto, California 94304-1007
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`Email: Qualcomm_037IPR@bakerbotts.com
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`I hereby certify that, in addition to being filed electronically through the
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`Board’s E2E System, the original version of the foregoing Notice of Appeal was
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`filed by hand on March 4, 2020, with the Director of the United States Patent and
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`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
`Madison Building East, 1 OB20
`600 Dulany Street
`Alexandria, VA 22314-5793
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`4
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`I hereby certify that on March 4, 2020, a true and correct copy of the
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`Case No. IPR2018-01279
`Attorney Docket No.: 39521-0050IP1
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`foregoing Notice of Appeal, along with a copy of the Institution Decision, was
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`filed electronically with the Clerk’s Office of the United States Court of Appeals
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`for the Federal Circuit, at the following address:
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`United States Court of Appeals for the Federal Circuit
`717 Madison Place, N.W., Suite 401
`Washington, DC 20005
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`Date: March 4, 2020
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`Respectfully submitted,
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`/Timothy W. Riffe/
`W. Karl Renner, Reg. No. 41,265
`Thomas A. Rozylowicz, Reg. No. 50,620
`Timothy W. Riffe, Reg. No. 43,881
`Dan Smith, Reg. No. 71,278
`Fish & Richardson P.C.
`3200 RBC Plaza, 60 South Sixth St.
`Minneapolis, MN 55402
`T: 202-783-5070
`F: 877-769-7945
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`Attorneys for Petitioner
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`5
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