UNITED STATES PATENT AND TRADEMARK OFFICE
`
`_______________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`_______________________
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`APPLE INC., HTC CORPORATION, and HTC AMERICA, INC.,
`Petitioners
`
`v.
`
`INVT SPE LLC,
`Patent Owner
`
`_______________________
`
`Case No. IPR2018-015811
`Patent No. 7,848,439 B2
`_______________________
`
`PETITIONERS’ NOTICE OF APPEAL
`
`
`via E2E
`Patent Trial and Appeal Board
`
`via Priority Express Mail
`Director of the United States Patent and Trademark Office
`c/o Office of the General Counsel
`United States Patent and Trademark Office
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`via CM/ECF
`United States Court of Appeals for Federal Circuit
`
`
`
`1 Apple Inc. was joined as a petitioner in IPR2018-01581. Paper 13.
`
`
`
`_______________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`_______________________
`
`APPLE INC., HTC CORPORATION, and HTC AMERICA, INC.,
`Petitioners
`
`v.
`
`INVT SPE LLC,
`Patent Owner
`
`_______________________
`
`Case No. IPR2018-015811
`Patent No. 7,848,439 B2
`_______________________
`
`PETITIONERS’ NOTICE OF APPEAL
`
`
`via E2E
`Patent Trial and Appeal Board
`
`via Priority Express Mail
`Director of the United States Patent and Trademark Office
`c/o Office of the General Counsel
`United States Patent and Trademark Office
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`via CM/ECF
`United States Court of Appeals for Federal Circuit
`
`
`
`1 Apple Inc. was joined as a petitioner in IPR2018-01581. Paper 13.
`
`
`
`Petitioners’ Notice of Appeal
`IPR2018-01581 (Patent No. 7,848,439)
`
`
`
`Pursuant to 35 U.S.C. §§ 141-144 and 319, and 37 C.F.R. § 90.2-90.3 notice
`
`is hereby given that Petitioners Apple Inc., HTC Corporation, and HTC America,
`
`Inc. (“Petitioners”) appeal to the United States Court of Appeals for the Federal
`
`Circuit from the Final Written Decision entered February 28, 2020 (Paper 35) in
`
`IPR2018-01581, and all prior and interlocutory rulings related thereto or subsumed
`
`therein.
`
`In accordance with 37 C.F.R. § 90.2(a)(3)(ii), Petitioners’ issues on appeal
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`include at least:
`
`(i)
`
`the Board erred in failing to find claim 8 of U.S. Patent No. 7,848,439
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`unpatentable; and
`
`(ii)
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`any findings or determinations supporting or related
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`to
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`the
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`aforementioned issues as well as all other issues decided adversely to
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`Petitioners in any orders, decisions, ruling, phone conference decisions,
`
`and/or opinions.
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`Pursuant to 37 C.F.R. § 90.3 and Fed. R. App. P. 4(a)(3), this Notice of Appeal
`
`is timely filed within 63 days of the Final Written Decision (Paper 35) dated
`
`February 28, 2020.
`
`
`
`2
`
`
`
`Petitioners’ Notice of Appeal
`IPR2018-01581 (Patent No. 7,848,439)
`
`Simultaneous with this submission, Petitioners are filing a true and correct
`
`copy of this Notice of Appeal with the Director of the United States Patent and
`
`Trademark Office and a true and correct copy of the same, along with the required
`
`docketing fee, with the Clerk of the United States Court of Appeals for Federal
`
`Circuit as set forth in the accompanying Certificate of Service.
`
`Respectfully submitted this 1st day of May, 2020.
`
`Dated: May 1, 2020
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`
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`Respectfully submitted,
`
`
`
`
`
`
`
`
`
`BY: /s/ Adam P. Seitz
`Adam P. Seitz, Reg. No. 52,206
`ERISE IP, P.A.
`7015 College Boulevard, Suite 700
`Overland Park, Kansas 66211
`(913) 777-5600
`adam.seitz@eriseip.com
`PTAB@eriseip.com
`
`Paul R. Hart, Reg. No. 59,646
`ERISE IP, P.A.
`5299 DTC Blvd, Suite 1340
`Greenwood Village, CO 80111
`(913) 777-5600
`paul.hart@eriseip.com
`
`COUNSEL FOR APPLE INC.
`
`
`3
`
`
`
`Petitioners’ Notice of Appeal
`IPR2018-01581 (Patent No. 7,848,439)
`
`
`Stephen S. Korniczky, Reg. No. 34,853
`Martin R. Bader, Reg. No. 54,736
`Ericka J. Schulz, Reg. No. 60,665
`Eric K. Gill, Reg. No. 71,709
`SHEPPARD MULLIN RICHTER &
`HAMPTON LLP
`12275 El Camino Real, Suite 200
`San Diego, CA 92130
`Tel.: (858) 720-8900
`Fax: (858) 509-3691
`skorniczky@sheppardmullin.com
`mbader@sheppardmullin.com
`eschulz@sheppardmullin.com
`egill@sheppardmullin.com
`
`Darren Franklin (Reg. No. 51,701)
`SHEPPARD MULLIN RICHTER &
`HAMPTON LLP
`333 S. Hope Street, 43rd Floor
`Los Angeles, CA 90071-1422
`Tel.: (213) 617-5554
`Fax: (213) 620-1398
`dfranklin@sheppardmullin.com
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`COUNSEL FOR HTC CORPORATION AND
`HTC AMERICA, INC.
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`4
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`Petitioners’ Notice of Appeal
`IPR2018-01581 (Patent No. 7,848,439)
`
`
`CERTIFICATE OF SERVICE
`
`
`The undersigned certifies, pursuant to 37 C.F.R. § 90.2(a), that the foregoing
`Petitioners’ Notice of Appeal was filed by Priority Express Mail on May 1, 2020,
`with the Director of the United States Patent and Trademark Office, at the following
`address:
`
`
`Director of the United States Patent and Trademark Office
`c/o Office of the General Counsel
`United States Patent and Trademark Office
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`
`
`
`CERTIFICATE OF SERVICE
`
`
`The undersigned certifies, pursuant to 37 C.F.R. § 90.2(a), that a copy of the
`foregoing Petitioners’ Notice of Appeal was filed electronically on May 1, 2020 with
`the Patent Trial and Appeal Board’s End to End (PTAB E2E).
`
`
`
`CERTIFICATE OF SERVICE
`
`
`The undersigned certifies that a copy of the foregoing Petitioners’ Notice of
`Appeal was filed electronically via CM/ECF on May 1, 2020, with the United States
`Court of Appeals for the Federal Circuit.
`
`
`CERTIFICATE OF SERVICE
`
`
`
`
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`The undersigned certifies, pursuant to 37 C.F.R. § 42.6(e)(2), that a true and
`correct copy of Petitioners’ Notice of Appeal was served via electronic mail on May
`1, 2020, on the following counsel of record for Patent Owner:
`
`
`Cyrus A. Morton (CMorton@RobinsKaplan.com)
`John K. Harting (JHarting@RobinsKaplan.com)
`Shui Li (SLi@RobinsKaplan.com)
`5
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`
`
`Petitioners’ Notice of Appeal
`IPR2018-01581 (Patent No. 7,848,439)
`
`
`Mary Pheng (MPheng@RobinsKaplan.com)
`ROBINS KAPLAN LLP
`800 LaSalle Avenue
`Suite 2800
`Minneapolis, MN 55402
`
`Bryan J. Vogel (BVogel@RobinsKaplan.com)
`Derrick J. Carman (DCarman@RobinsKaplan.com)
`ROBINS KAPLAN LLP
`399 Park Avenue
`Suite 3600
`New York, NY 10022
`
`Li Zhu (LZhu@RobinsKaplan.com)
`ROBINS KAPLAN LLP
`2440 West El Camino Real
`Suite 100
`Mountain View, CA 94040
`
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`Dated: May 1, 2020
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`Respectfully submitted,
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`
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`
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`BY: /s/ Adam P. Seitz
`Adam P. Seitz, Reg. No. 52,206
`
`
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`COUNSEL FOR PETITIONERS
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`6
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