throbber
Case IPR2019—00820
`
`Patent 7,937,581
`
`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 CROSS APPEAL OF FINAL WRITTEN DECISION
`
`via PTAB EZE
`
`Patent Trial and Appeal Board
`
`Via USPS. 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
`
`PO. Box 1450
`
`Alexandria, VA 22314—1450
`
`Via CM/ECF
`
`United States Court of Appeals for the Federal Circuit
`
`

`

`INTRODUCTION
`
`Case IPR2019-00820
`
`Patent 7,937,581
`
`MPH Technologies Oy’s (“Patent Owner”) appeal stems from the Patent Trial
`
`and Appeal Board’s
`
`Judgement Final Written Decision Determining Some
`
`Challenged Claims Unpatentable 35 U. S. C. § 318(a) entered on September 24, 2020
`
`(Paper 37, “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 cross appeal is timely filed within 14 days of the notice of appeal filed by
`
`Petitioner. 37 C.F.R. § 90.3(a)(1); Fed. R. App. P. 4(a)(3).
`
`PATENT OWNER’S APPEAL
`
`Pursuant to 28 U.S.C. § 1295(a)(4)(A), 35 U.S.C. §§ 141—143, 37 CPR. §§
`
`90.2 — 90.3, (a)(l) 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 September 24, 2020 (Paper 37) in IPR2019—00820.
`
`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 cross appeal may include, but are not limited to: (i)
`
`the Board’s holdings that claims 1—3, 5, and 9 of the ’581 Patent are unpatentable as
`
`obvious; and (ii) any finding or determination supporting or related to the
`
`aforementioned issues, including claim constructions, as well as all other issues
`
`

`

`Case IPR2019—00820
`
`Patent 7,937,581
`
`decided adversely to Patent Owner in any order, decision, ruling, phone conference
`
`decision, and/or opinion.
`
`Pursuant to 35 U.S.C. § 142 and 37 CPR. § 90.2, a copy of this Notice of
`
`Cross 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 do the Office of the General Counsel at the below~identified
`
`address.
`
`Respectfully submitted,
`
`/James T. Carmichael/
`
`
`James T. Carmichael, Reg. No. 45 306
`Carmichael 1P, PLLC
`8000 Towers Crescent Drive
`
`l3th Fir.
`
`Tysons Corner, VA 22182
`Attorney for Patent Owner
`
`Date: December 7, 2020
`
`

`

`CERTIFICATION OF FILING
`
`Case IPR2019—00820
`
`Patent 7,937,581
`
`The undersigned hereby certifies that, in addition to being electronically filed
`
`through PTAB EZE, a true and correct copy of PATENT OWNER’S NOTICE OF
`
`CROSS APPEAL OF FINAL WRITTEN DECISION is being filed by USPS.
`
`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
`
`PO. Box 1450
`
`Alexandria, VA 22314-1450
`
`The undersigned aiso hereby certifies that a true and correct copy of PATENT
`
`OWNER’S NOTICE OF CROSS APPEAL OF FINAL WRITTEN DECISION
`
`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,
`
`Harries T. Carrnichael/
`
`
`James T. Carmichael, Reg. No. 45 306
`Carmichael 1P, PLLC
`8000 Towers Crescent Drive
`
`13‘h Flr.
`
`Tysons Corner, VA 22182
`Attorney for Patent Owner
`
`Date: December 7, 2020
`
`

`

`CERTIFICATE OF SERVICE
`
`Case lPR2019—00820
`
`Patent 7,937,582
`
`The undersigned hereby certifies that the following documents were served
`
`by electronic service, by agreement between the parties, on the date below:
`
`PATENT OWNER’S NOTICE
`
`OF CROSS APPEAL OF FINAL WRITTEN DECISION
`
`The names and address of the parties being served are as follows:
`
`Michael D. Specht
`Daniel S. Block
`
`Timothy L. Tang
`
`mspecht—PTAB @ sternekesslercom
`dblock—PTAB @ sternekesslercom
`
`ttang-PTAB @ stemekesslercom
`PTAB @ sternekesslercom
`
`Respectfully submitted,
`
`Harries T. Carmichael/
`
`
`James T. Carmichael, Reg. No. 45 306
`Carmichael. IP, PLLC
`
`8000 Towers Crescent Drive
`
`13m Fir.
`
`Tysons Corner, VA 22182
`Attorney for Patent Owner
`
`Date: December 7, 2020
`
`

`

`FORM 5. Petition for Review or Notice of Appeal of an Order or Decision of an
`Agency, Board, Commission, Office, Bureau
`
`Form 5
`July 2020
`
`UNITED STATES COURT OF APPEALS
`
`FOR THE FEDERAL CIRCUIT
`
`MPH Technologies 0y
`
`Apple Inc.
`
`,
`
`,
`
`Petitioner or Appellant,
`
`Respondent or Appellee.
`
`PETITION FOR REVIEW
`
`Notice is hereby given that the following party/parties* MPH TQChHOIOSiQS OE
`
`
`
`hereby petition(s)/appeai(s) the court for review of the order of the IP32019=50820 Final
`
`W entered on 9/24/20
`
`. The order or decision was received
`
`on 9/24/20
`
`_
`
`Date; 12/20/20
`
`Signature: irlfialeaé‘scfinflhaefilichael/
`
`Name: JWéITCfiaIifflfififliael
`
`Address:W
`
`13th Floor
`
`Tysons Corner, VA 22182
`
`Phone Number: 703'646'9255
`
`Emaii Address: jim@carmichae1ip.com
`
`*See Fed. R. App. P. 15(a)(2) for permissible ways of identifying petitioners.
`
`

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