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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 INC.,
`Patent Owner
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`Case No. IPR2018-01281
`Patent No. 8,768,865
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`PETITIONER’S NOTICE OF APPEAL
`37 C.F.R. § 90.2(a)
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`Case No. IPR2018-01281
`Attorney Docket No.: 39521-0042IP1
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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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`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. IPR2018-01281 entered February 24, 2020 (Paper 34) (“Final Written
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`Decision”) by the Patent Trial and Appeal Board (“the Board”), and from all
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`underlying orders, decisions, rulings, and opinions related thereto and included
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`therein. This appeal is timely under 35 U.S.C. § 142, 37 C.F.R. § 90.3, and Rule
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`15(a)(1) of the Federal Rules of 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 4 and 23 of U.S. Patent No. 8,768,865
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`(Ex. 1001) were not shown to be unpatentable under 35 U.S.C. § 102(b)
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`as anticipated by Y. Wang et al., A Framework of Energy Efficient
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`Mobile Sensing for Automatic User State Recognition, Proceedings of the
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`7th International Conference on Mobile Systems, Applications and
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`Services, pp. 179–92, Krakow, Poland, June 22–25, 2009 (Ex. 1005,
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`“Wang”);
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`(2) The Board’s interpretation of the limitations “wherein said second
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`pattern is recognized in a reduced set of varying parameters derived from
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`said monitored input signals in response, at least in part, to said fixing of
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`1
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`Case No. IPR2018-01281
`Attorney Docket No.: 39521-0042IP1
`said subset of varying parameters” (claim 4) and “wherein said second
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`pattern is associated with a reduced set of varying parameters derived
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`from said monitored input signals due, at least in part, to fixing said
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`subset of varying parameters” (claim 23), including the Board’s implicit
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`construction of those limitations and their application to the prior art;
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`(3) The Board’s interpretation of the prior art;
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`(4) The Board’s legal errors in undertaking the aforementioned obviousness
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`analysis;
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`(5) 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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`(6) The Board’s failure to consider evidence of record fully and properly;
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`and
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`(7) 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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`Date: April 27, 2020
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`Case No. IPR2018-01281
`Attorney Docket No.: 39521-0042IP1
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`Respectfully submitted,
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`/W. Karl Renner/
`W. Karl Renner, Reg. No. 41,265
`Timothy W. Riffe, Reg. No. 43,881
`Thomas A. Rozylowicz, Reg. No. 50,620
`Thad C. Kodish, Reg. No. 53,149
`Noah C. Graubart, Pro Hac Vice
`Baile Xie, Reg. No. 78,380
`Fish & Richardson P.C.
`3200 RBC Plaza, 60 South Sixth St.
`Minneapolis, MN 55402
`T: 202-626-5070
`F: 877-769-7945
`Attorneys for Petitioner
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`3
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`Case No. IPR2018-01281
`Attorney Docket No.: 39521-0042IP1
`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 April 27, 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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`Eagle Robinson
`R. Ross Viguet
`Daniel Leventhal
`Eric C. Green
`Norton Rose Fulbright US LLP
`98 San Jacinto Blvd., Suite 1100
`Austin, TX 78701
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`Email: eagle.robinson@nortonrosefulbright.com
`ross.viguet@nortonrosefulbright.com
`daniel.leventhal@nortonrosefulbright.com
`eric.green@nortonrosefulbright.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 April 27, 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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`Case No. IPR2018-01281
`Attorney Docket No.: 39521-0042IP1
`I hereby certify that on April 27, 2020, a true and correct copy of the
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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: April 27, 2020
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`Respectfully submitted,
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`/W. Karl Renner/
`W. Karl Renner, Reg. No. 41,265
`Timothy W. Riffe, Reg. No. 43,881
`Thomas A. Rozylowicz, Reg. No. 50,620
`Thad C. Kodish, Reg. No. 53,149
`Noah C. Graubart, Pro Hac Vice
`Baile Xie, Reg. No. 78,380
`Fish & Richardson P.C.
`3200 RBC Plaza, 60 South Sixth St.
`Minneapolis, MN 55402
`T: 202-626-5070
`F: 877-769-7945
`Attorneys for Petitioner
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`5
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