`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`____________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`____________________________
`
`APPLE, INC.
`Petitioner
`
`v.
`
`MPH TECHNOLOGIES OY,
`Patent Owner
`
`Case IPR2019-00820
`Patent 7,937,581
`___________________________
`
`PATENT OWNER’S NOTICE OF APPEAL OF FINAL WRITTEN
`
`DECISION ENTERING ADVERSE JUDGMENT
`
`
`
`VIA P-TACTS
`Patent Trial and Appeal Board
`
`via U.S.P.S. Priority Mail Express
`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, VA 22324-1450
`
`via CM/ECF
`United States Court of Appeals for the Federal Circuit
`
`
`
`
`
`1
`
`
`
`INTRODUCTION
`
`MPH TECHNOLOGIES OY’S (“Patent Owner”) appeal stems from the
`
`Patent Trial and Appeal Board’s Judgment, Adverse Judgment on Remand 37
`
`C.F.R. § 42.73(b), entered on May 11, 2023 (Paper 55, “Final Written Decision”)
`
`in the above-captioned inter partes review of United States Patent No. 7,937,581
`
`(“the ’581 Patent”). This notice of Patent Owner’s appeal is timely filed within 63
`
`days of the issuance of the Denial of Director Review (Paper 57) on October 25,
`
`2023, in response to Patent Owner’s timely filed Request for Director Review
`
`(Paper 56) filed on June 12, 2023. 37 C.F.R. §§ 90.3(b); 42.71(d)(2). See Revised
`
`Interim Director Review Process (September 18, 2023), § 3(b).
`
`PATENT OWNER’S APPEAL
`
`
`
`Pursuant to 28 U.S.C. § 1295(a)(4)(A), 35 U.S.C. §§ 141-143, 37 C.F.R. §§
`
`90.2 – 90.3(b) and Fed. Cir. R. 15, Patent Owner hereby appeals to the United
`
`States Court of Appeals for the Federal Circuit from the Final Written Decision
`
`entered May 11, 2023 (Paper 55) in IPR2019-00820, as well as all underlying
`
`orders and rulings.
`
`PATENT OWNER’S ISSUES ON APPEAL
`
`
`
`Providing the information required by 37 C.F.R. § 90.2(a)(3)(ii), Patent
`
`Owner states that the issues on appeal include but are not limited to the Board’s
`
`entry of adverse judgment under color of 37 C.F.R. § 42.73(b) based on Patent
`
`2
`
`
`
`Owner’s filing of a statutory disclaimer during the appeal to the United States
`
`Court of Appeals for the Federal Circuit in Appeal Nos. 2021-1355, 2021-1356,
`
`including but not limited to: (1) the Board’s entry of adverse judgment in
`
`circumstances where the Patent Owner filed the statutory disclaimer of claim 4 of
`
`the ’581 Patent before the Federal Circuit issued its mandate remanding
`
`jurisdiction back to the Board; (2) the Board’s entry of adverse judgment in
`
`circumstances where claims 6-8 of the ’581 Patent were found not unpatentable
`
`such that there were remaining claims in the trial at the time of Patent Owner’s
`
`disclaimer of claim 4; (3) the authority of the USPTO to promulgate 37 C.F.R. §
`
`42.73(b); and (4) any findings or determinations that otherwise conflict with
`
`applicable law.
`
`Pursuant to 35 U.S.C. § 142 and 37 C.F.R. § 90.2, a copy of this Notice of
`
`Appeal is being filed simultaneously with the Patent Trial and Appeal Board, the
`
`Clerk’s Office for the United States Court of Appeals for the Federal Circuit (along
`
`with the required docketing fees), and the Director of the Patent and Trademark
`
`Office c/o the Office of the General Counsel at the below-identified address.
`
`
`
`
`
`3
`
`
`
`
`
`Respectfully submitted,
`
`
`
`/James T. Carmichael/
`James T. Carmichael, Reg. No. 45,306
`CARMICHAEL IP, PLLC
`8607 Westwood Center Drive, Suite 270
`Tysons, VA 22182
`(703) 646-9255
`
`
`
`
`Date: December 26, 2023
`
`4
`
`
`
`Case IPR2019-00820
`Patent 7,937,581
`
`
`
`CERTIFICATION OF FILING
`
`The undersigned hereby certifies that, in addition to being electronically filed
`
`through P-TACTS, a true and correct copy of PATENT OWNER’S NOTICE OF
`
`APPEAL OF FINAL WRITTEN DECISION ENTERING ADVERSE
`
`JUDGMENT is being filed by U.S.P.S. Priority Mail Express® with the Director
`
`on the date below 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, VA 22314-1450
`
`
`The undersigned also hereby certifies that a true and correct copy of PATENT
`
`OWNER’S NOTICE OF APPEAL OF FINAL WRITTEN DECISION
`
`ENTERING ADVERSE JUDGMENT and the filing fee is being filed via
`
`CM/ECF with the Clerk’s Office of the United States Court of Appeals for the
`
`Federal Circuit on the date below.
`
`Respectfully submitted,
`
`
`/James T. Carmichael/
`James T. Carmichael, Reg. No. 45,306
`Carmichael IP, PLLC
`8607 Westwood Center Drive, Suite 270
`Tysons, VA 22182
`Attorney for Patent Owner
`
`
`
`
`
`
`
`
`Date: December 26, 2023
`
`
`
`
`
`
`
`Case IPR2019-00820
`Patent 7,937,581
`
`
`
`
`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies that the foregoing PATENT OWNER’S
`
`NOTICE OF APPEAL OF FINAL WRITTEN DECISION ENTERING
`
`ADVERSE JUDGMENT was served by filing this document through P-TACTS,
`
`as well as by email on December 26, 2023, on the following counsel of record for
`
`Petitioner:
`
`David W. O’Brien
`Andrew S. Ehmke
`
`
`
`
`
`
`david.obrien.ipr@haynesboone.com
`andy.ehmke.ipr@haynesboone.com
`
`Respectfully submitted,
`
`/James T. Carmichael/
`
`
`
`Date: December 26, 2023
`
`
`
`
`
`
`
`
`
`
`
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
