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`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
`___________________
`
`PETITIONER’S NOTICE OF APPEAL OF FINAL WRITTEN
`DECISION
`
`
`via PTAB E2E
`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, 10B20
`Madison Building East
`600 Dulany Street
`Alexandria, VA 22314
`
`via CM/ECF
`United States Court of Appeals for the Federal Circuit
`
`
`
`
`
`
`
`Case IPR2019-00820
`U.S. Pat. No. 7,937,581
`
`INTRODUCTION
`Apple Inc.’s (“Petitioner”) appeal stems from the Patent Trial and Appeal
`
`Board’s Judgement Final Written Decision Determining Some Challenged Claims
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`Unpatentable 35 U.S.C. § 318(a) entered on September 24, 2020 (Paper 37, “Final
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`Written Decision”) in the above-captioned inter partes review of United States
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`Patent No. 7,937,581 (“the ’581 Patent”). This notice is timely filed within 63 days
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`of the Final Written Decision. 37 C.F.R. § 90.3(a)(1).
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`PETITIONER’S APPEAL
`Please take notice that under 35 U.S.C. §§ 141(c), 142, 319; 37 C.F.R. §§
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`90.2(a), 90.3(a), and Federal Rules of Appellate Procedure/Federal Circuit Rule
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`15(a)(1), Petitioner hereby appeals to the United States Court of Appeals for the
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`Federal Circuit from the Final Written Decision (Paper 37).
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`PETITIONER’S ISSUES ON APPEAL
`In accordance with 37 C.F.R. § 90.2(a)(3)(ii), Petitioner’s issues on appeal
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`include at least (Paper 37): (i) the Board’s holdings that claims 4 and 6-8 of the
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`’581 Patent are not unpatentable as obvious; and (ii) any finding or determination
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`supporting or related to the aforementioned issues, including claim constructions,
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`as well as all other issues decided adversely to Petitioner in any order, decision,
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`ruling, phone conference decision, and/or opinion.
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`- 1 -
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`Case IPR2019-00820
`U.S. Pat. No. 7,937,581
`Simultaneously with this submission, Petitioner is filing a true and correct
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`
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`copy of this Notice of Appeal with the Director of the United States Patent and
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`Trademark Office and a true and correct copy of the same, along with the required
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`docketing fee, with the Clerk of the United States Court of Appeals for the Federal
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`Circuit as set forth in the accompanying Certification of Filing.
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`
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`Respectfully submitted,
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`STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
`
`/Daniel S. Block/
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`Daniel S. Block
`Registration No. 68,395
`Attorney for Petitioner
`
`Date: November 23, 2020
`1100 New York Avenue, N.W.
`Washington, D.C. 20005
`(202) 371-2600
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`- 2 -
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`Case IPR2019-00820
`U.S. Pat. No. 7,937,581
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`CERTIFICATION OF FILING
`The undersigned certifies that, along with being electronically filed through
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`PTAB E2E, a true and correct copy of the above-captioned PETITIONER’S
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`NOTICE OF APPEAL OF FINAL WRITTEN DECISION is being filed by
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`U.S.P.S. Priority Mail Express® with the Director on November 23, 2020 at the
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`following address:
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`Director of the United States Patent and Trademark Office
`c/o Office of the General Counsel, 10B20
`Madison Building East
`600 Dulany Street
`Alexandria, VA 22314
`
`
`The undersigned also hereby certifies that a true and correct copy of the
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`above-captioned PETITIONER’S NOTICE OF APPEAL OF FINAL
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`WRITTEN DECISION and the filing fee is being filed via CM/ECF with the
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`Clerk’s Office of the United States Court of Appeals for the Federal Circuit on
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`November 23, 2020.
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`STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
`
`/Daniel S. Block/
`
`Daniel S. Block
`Registration No. 68,395
`Attorney for Petitioner
`
`
`Date: November 23, 2020
`1100 New York Avenue, N.W.
`Washington, D.C. 20005
`(202) 371-2600
`
`
`
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`Case IPR2019-00820
`U.S. Pat. No. 7,937,581
`CERTIFICATION OF SERVICE
`The undersigned hereby certifies that the foregoing PETITIONER’S
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`
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`NOTICE OF APPEAL OF FINAL WRITTEN DECISION was served
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`electronically via e-mail on November 23, 2020 in its entirety on the following:
`
`weatherwax@lowensteinweatherwax.com
`
`jim@carmichaelip.com
`
`James T. Carmichael
`(Lead Counsel)
`Kenneth J. Weatherwax
`(First Back-Up Counsel)
`Stephen T. Schreiner (Back-Up Counsel) schreiner@carmichaelip.com
`Christopher J. Lee (Back-Up Counsel) clee@leesheikh.com
`Richard B. Megley (Back-Up Counsel) rmegley@leesheikh.com
`Brian E. Haan (Back-Up Counsel) bhaan@leesheikh.com
`Ashley E. LaValley (Back-Up Counsel) alavalley@leesheikh.com
`Patrick Maloney (Back-Up Counsel) maloney@lowensteinweatherwax.com
`Jason C. Linger (Back-Up Counsel) linger@lowensteinweatherwax.com
`CARMICHAEL IP, PLLC
`MPH-IPRs@carmichaelip.com
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`STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
`
`/Daniel S. Block/
`
`Daniel S. Block
`Registration No. 68,395
`Attorney for Petitioner
`
`Date: November 23, 2020
`1100 New York Avenue, N.W.
`Washington, D.C. 20005
`(202) 371-2600
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`15866187_1
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