`
`____________
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`____________
`
`
`
`
`GOOGLE LLC, and COMCAST CABLE COMMUNICATIONS, LLC,
`Petitioner
`
`v.
`
`REALTIME ADAPTIVE STREAMING, LLC.,
`Patent Owner
`____________
`
`Case IPR2018-01342
`U.S. Patent No. 8,934,535
`____________
`
`PATENT OWNER’S NOTICE OF APPEAL
`
`
`
`
`
`Office of the General Counsel
`United States Patent & Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`Submitted Electronically via the PTAB E2E System
`
`
`
`
`
`
`
`Pursuant to 35 U.S.C. §§ 141, 142, and 319, and in accordance with 37 C.F.R.
`
`§§ 90.2-90.3, Patent Owner Realtime Adaptive Streaming, LLC (“Realtime”)
`
`appeals to the United States Court of Appeals for the Federal Circuit from the Final
`
`Written Decision of the Patent Trial and Appeal Board (“Board”) entered on
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`February 27, 2020, in IPR2018-01342 (Paper No. 47) (“FWD”), and from all
`
`underlying findings, determinations, rulings, opinions, orders, and decisions
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`regarding the inter partes review of U.S. Patent No. 8,934,535 (the “’535 patent”).
`
`In accordance with 37 C.F.R. § 90.2(a)(3)(ii), Realtime states that the issues
`
`on appeal may include: the Board’s determination that claims 1–8, 1–12, and 14 of
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`the ’535 patent have been shown to be unpatentable; the Board’s consideration of
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`the expert testimony, prior art, and other evidence in the record; and the Board’s
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`factual findings, conclusions of law, or other determinations supporting or related to
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`those issues. Specifically, the issues on appeal may include:
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`• the Board’s claim constructions, including its construction of the term “access
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`profile” (FWD at 13–16);
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`• the Board’s findings that Dvir anticipates claims 1, 2, 9, 10, and 14 (FWD at
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`20–28);
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`• the Board’s findings that Dvir and Ishii renders obvious claims 3–6, 8, 11, and
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`12, including its findings about motivation to combine (FWD at 30–38);
`
`
`
`
`
`• the Board’s issuance of a final written decision in IPR2018-01342 and
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`maintenance of the IPR despite finding all peittioners in IPR2018-01342 were
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`time-barred, including joinder, time-bar, privy, real-party-in-interest, and
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`constitutional issues (FWD at fn. 1);
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`• constitutional violations and Appointments Clause issues implicated by recent
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`Federal Circuit cases, including issuance of FWD before Arthex mandated.
`
`This Notice of Appeal is being mailed and e-filed with the Clerk’s Office for
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`the United States Court of Appeals for the Federal Circuit, along with payment of
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`the required docketing fees. In addition, a copy of this Notice of Appeal is being
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`filed simultaneously with the Patent Trial and Appeal Board.
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`
`
`
`
`
`
`
`
`
`Respectfully submitted,
`
`Dated: April 30, 2020
`
`
`
`
`
`
`
` / Kent N. Shum /
`
`Kent N. Shum (Reg. No. 61,117)
`Philip X. Wang (Reg. No. 74,621)
`Neil A. Rubin (Reg. No. 67,030)
`Reza Mirzaie (Reg. No. 69,138)
`C. Jay Chung (Reg. No. 71,007)
`Attorneys for Patent Owner
`
`Russ August & Kabat
`12424 Wilshire Blvd., 12th Fl.
`Los Angeles, CA 90025
`Phone: (310) 826-7474
`Fax: (310) 826-6991
`nrubin@raklaw.com
`pwang@raklaw.com
`kshum@raklaw.com
`rmirzaie@raklaw.com
`jchung@raklaw.com
`rak_realtimedata@raklaw.com
`
`
`
`
`
`
`
`CERTIFICATE OF SERVICE (37 C.F.R. § 42.6(e)(1))
`
`
`The undersigned hereby certifies that the above document was served on April
`
`30, 2020, by filing this document through the Patent Trial and Appeal Board End to
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`End system as well as delivering a copy via electronic mail upon the following
`
`attorneys of record:
`
`Naveen Modi
`Joseph E. Palys
`Phillip W. Citroën
`S. Emily Lee
`PAUL HASTINGS LLP
`875 15th St. N.W.
`Washington, D.C. 2005
`Telephone: 202-551-1700
`Email: PH-Google-Realtime-IPR@paulhastings.com
`
`James L. Day
`Daniel Callaway
`FARELLA BRAUN + MARTELL LLP
`235 Montgomery Street, 17th Floor
`San Francisco, California 94104
`Email: jday@fbm.com
`Email: dcallaway@fbm.com
`Email: calendar@fbm.com
`
`
`
`
`
`
`
`
`
`A copy of this Notice of Appeal was also sent on April 30, 2020 by Federal Express
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`to the United States Patent and Trademark Office at the following address:
`
`Office of the General Counsel
`United States Patent & Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`
`
`Date: April 30, 2020
`
`RUSS AUGUST & KABAT
`12424 Wilshire Blvd., 12th Fl.
`Los Angeles, CA 90025
`(310) 826-7474
`
`
` / Kent N. Shum /
`
`
`
`
`
`Kent N. Shum
`Reg. No. 61117
`
`Attorney for Patent Owner
`
`
`
`
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