Paper No. 28
`Filed: October 16, 2020
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`____________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`____________________
`
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`APPLE, INC.
`Petitioner
`
`v.
`
`UUSI, LLC d/b/a NARTRON,
`Patent Owner.
`
`____________________
`
`
`Case IPR2019-00358
`Patent No. 5,796,183
`
`____________________
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`PATENT OWNER’S NOTICE OF CROSS-APPEAL
`PURSUANT TO 37 C.F.R. § 90.2(a)
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`
`
`
`Filed: October 16, 2020
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`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`____________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`____________________
`
`
`APPLE, INC.
`Petitioner
`
`v.
`
`UUSI, LLC d/b/a NARTRON,
`Patent Owner.
`
`____________________
`
`
`Case IPR2019-00358
`Patent No. 5,796,183
`
`____________________
`
`
`PATENT OWNER’S NOTICE OF CROSS-APPEAL
`PURSUANT TO 37 C.F.R. § 90.2(a)
`
`
`
`
`
`Case IPR2019-00358
`Patent No. 5,796,183
`
`Pursuant to 35 U.S.C. §§ 141(c) and 319, 37 C.F.R. § 90.2(a), and in view of
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`the Notice of Appeal (Paper 27) filed on October 6, 2020 by Petitioner Apple, Inc.
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`(“Apple”)1, notice is hereby given that Patent Owner UUSI, LLC d/b/a Nartron
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`(“Nartron”) cross-appeals to the United States Court of Appeals for the Federal
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`Circuit from the Final Written Decision in Case No. IPR2019-00358 entered on
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`August 4, 2020 (Paper 26) (“FWD”) by the Patent Trial and Appeal Board (“the
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`Board”), and from all underlying orders, decisions, rulings, and opinions related
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`thereto and included therein, to the extent that such were decided against Nartron.
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`This cross-appeal is timely under 35 U.S.C. § 142, 37 C.F.R. § 90.3, and Rule
`
`4(a)(3) of the Federal Rules of Appellate Procedure.
`
`In accordance with 37 C.F.R. § 90.2(a)(3)(ii), the expected issues that Nartron
`
`may raise in this cross-appeal include, but are not necessarily limited to:
`
`(1) The Board’s incorrect construction of the claim term “selectively
`
`providing signal output frequencies” (FWD at 17-44);
`
`(2) The Board’s incorrect construction of the claim term “closely
`
`spaced array” (FWD at 44-46);
`
`
`1 On October 13, 2020, the Federal Circuit issued an order consolidating Apple’s
`
`appeal in this case (CAFC Case No. 21-1035) with Apple’s appeal in co-pending
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`case number IPR2019-00359 (CAFC Case No. 21-1036).
`
`1
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`
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`Case IPR2019-00358
`Patent No. 5,796,183
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`(3) The Board’s incorrect construction of the claim term “peak voltage
`
`of the signal output frequencies” (FWD at 46-48);
`
`(4) The Board’s incorrect determination that claims 94, 96, 101, 105,
`
`and 106 are unpatentable as obvious over Chiu in view of Schwarzbach,
`
`and/or in view of Chiu alone (FWD at 49-86);
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`(5) The Board’s incorrect determination that Apple preserved an
`
`argument that claim 105 is obvious based on Chiu alone (FWD at 77-79);
`
`(6) The Board’s incorrect determination that claims 104, 115, and 116
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`are obvious over Chiu, Schwarzbach and Lawson (FWD at 99-102);
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`(7) The Board’s incorrect determination that claim 102 is obvious over
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`Chiu, Schwarzbach and Ingraham ’548 (FWD at 102-103);
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`(8) The Board’s incorrect determination that claim 103 is obvious over
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`Chiu, Schwarzbach and Tucker (FWD at 103-103); and
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`(9) All other issues decided adversely to Nartron in any orders,
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`decisions, rulings, and opinions underlying or supporting the FWD.
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`Per 35 U.S.C. § 142 and 37 C.F.R. § 90.2(a)(1), this notice is being filed with
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`the Director of the U.S. Patent and Trademark Office, and a copy is also being filed
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`with the Board. Per Federal Circuit Rule 15(a)(1) and 37 C.F.R. § 90.2(a)(2),
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`Nartron is also filing this notice with the clerk of the Court of Appeals for the Federal
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`Circuit, and paying the appeal fee set forth in Federal Circuit Rule 52.
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`2
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`Dated: October 16, 2020
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`
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`By:
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`
`
`
`
`Case IPR2019-00358
`Patent No. 5,796,183
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`
`Respectfully submitted,
`
`
`/s/ Lawrence M. Hadley
`Lawrence M. Hadley (pro hac vice)
`Stephen Underwood (Reg. # 77,977)
`
`
`
`GLASER WEIL FINK HOWARD
`AVCHEN & SHAPIRO LLP
`10250 Constellation Blvd., 19th Floor
`Los Angeles, California 90067
`Telephone: (310) 553-3000
`lhadley@glaserweil.com
`sunderwood@glaserweil.com
`
`Joseph A. Rhoa (Reg. # 37,515)
`Jonathan A. Roberts (Reg. # 68,565)
`
`NIXON & VANDERHYE P.C.
`901 North Glebe Road, 11th Floor
`Arlington, VA 22203-1808
`Tel.: 703-816-4043
`Tel.: 703-816-4414
`Email: jar@nixonvan.com
`Email: jr@nixonvan.com
`
`
`
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`Counsel for Patent Owner
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`
`
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`3
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`
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`Case IPR2019-00358
`Patent No. 5,796,183
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`
`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 was provided by
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`email to Petitioner’s counsel, at the addresses of record set forth below:
`
`W. Karl Renner, Reg. No. 41,265
`Jeremy Monaldo, Reg. No. 58,680
`Daniel D. Smith, Reg. No. 71,278
`
`Fish & Richardson P.C.
`3200 RBC Plaza
`60 South Sixth Street
`Minneapolis, MN 55402
`Tel: 202-783-5070
`Fax: 877-769-7945
`
`Email:
`
`IPR39521-0062IP4@fr.com
`PTABInbound@fr.com
`axf-ptab@fr.com
`monaldo@fr.com
`dsmith@fr.com
`
`
`The undersigned further certifies that, in addition to being filed electronically
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`through the Board’s E2E System, a copy of the foregoing Notice of Cross-Appeal
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`was filed by hand on October 16, 2020, with the Director of the United States Patent
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`and Trademark Office, at the following address:
`
`Director of the United States Patent and Trademark Office
`c/o Office of the General Counsel
`Madison Building East, 10B20
`600 Dulany Street
`Alexandria, VA 22314-5793
`
`
`
`
`
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`Case IPR2019-00358
`Patent No. 5,796,183
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`The undersigned further certifies that, on October 16, 2020, a copy of the
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`foregoing Notice of Cross-Appeal, along with a copy of the Final Written Decision,
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`was 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: October 16, 2020
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`
`
`
`
`By: /s/ Jonathan A. Roberts
`Jonathan A. Roberts
`Reg. No. 68,565
`NIXON & VANDERHYE, PC
`901 N. Glebe Rd., Suite 1100
`Arlington, Virginia 22203
`Telephone: (703) 816-4414
`Email: jr@nixonvan.com
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