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`Patent 7,937,581
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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`APPLE INC,
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`Petitioner,
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`V.
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`MPH TECHNOLOGIES OY,
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`Patent Owner.
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`Case IPR2019~00820
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`Patent 7,937,581
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`PATENT OWNER’S NOTICE
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`OF CROSS APPEAL OF FINAL WRITTEN DECISION
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`via PTAB EZE
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`Patent Trial and Appeal Board
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`Via USPS. Priority Mail Express®
`Director of the United States Patent and Trademark Office
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`c/o Office of the General Counsel
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`United States Patent and Trademark Office
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`PO. Box 1450
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`Alexandria, VA 22314—1450
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`Via CM/ECF
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`United States Court of Appeals for the Federal Circuit
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`
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`INTRODUCTION
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`Case IPR2019-00820
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`Patent 7,937,581
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`MPH Technologies Oy’s (“Patent Owner”) appeal stems from the Patent Trial
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`and Appeal Board’s
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`Judgement Final Written Decision Determining Some
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`Challenged Claims Unpatentable 35 U. S. C. § 318(a) entered on September 24, 2020
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`(Paper 37, “Final Written Decision”) in the above—captioned inter partes review of
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`United States Patent No. 7,937,581 (“the ’581 Patent”). This notice of Patent
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`Owner’s cross appeal is timely filed within 14 days of the notice of appeal filed by
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`Petitioner. 37 C.F.R. § 90.3(a)(1); Fed. R. App. P. 4(a)(3).
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`PATENT OWNER’S APPEAL
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`Pursuant to 28 U.S.C. § 1295(a)(4)(A), 35 U.S.C. §§ 141—143, 37 CPR. §§
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`90.2 — 90.3, (a)(l) and Fed. Cir. R. 15, Patent Owner hereby appeals to the United
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`States Court of Appeals for the Federal Circuit from the Final Written Decision
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`entered September 24, 2020 (Paper 37) in IPR2019—00820.
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`PATENT OWNER’S ISSUES ON APPEAL
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`Providing the information required by 37 C.F.R. §§90.2(a)(3)(ii), Patent
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`Owner states that the issues on cross appeal may include, but are not limited to: (i)
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`the Board’s holdings that claims 1—3, 5, and 9 of the ’581 Patent are unpatentable as
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`obvious; and (ii) any finding or determination supporting or related to the
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`aforementioned issues, including claim constructions, as well as all other issues
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`Case IPR2019—00820
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`Patent 7,937,581
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`decided adversely to Patent Owner in any order, decision, ruling, phone conference
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`decision, and/or opinion.
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`Pursuant to 35 U.S.C. § 142 and 37 CPR. § 90.2, a copy of this Notice of
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`Cross Appeal is being filed simultaneously with the Patent Trial and Appeal Board,
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`the Clerk’s Office for the United States Court of Appeals for the Federal Circuit
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`(along with the required docketing fees), and the Director of the Patent and
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`Trademark Office do the Office of the General Counsel at the below~identified
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`address.
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`Respectfully submitted,
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`/James T. Carmichael/
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`James T. Carmichael, Reg. No. 45 306
`Carmichael 1P, PLLC
`8000 Towers Crescent Drive
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`l3th Fir.
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`Tysons Corner, VA 22182
`Attorney for Patent Owner
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`Date: December 7, 2020
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`
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`CERTIFICATION OF FILING
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`Case IPR2019—00820
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`Patent 7,937,581
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`The undersigned hereby certifies that, in addition to being electronically filed
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`through PTAB EZE, a true and correct copy of PATENT OWNER’S NOTICE OF
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`CROSS APPEAL OF FINAL WRITTEN DECISION is being filed by USPS.
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`Priority Mail Express® with the Director on the date below at the following address:
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`Director of the United States Patent and Trademark Office
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`c/o Office of the General Counsel
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`United States Patent and Trademark Office
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`PO. Box 1450
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`Alexandria, VA 22314-1450
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`The undersigned aiso hereby certifies that a true and correct copy of PATENT
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`OWNER’S NOTICE OF CROSS APPEAL OF FINAL WRITTEN DECISION
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`and the filing fee is being filed via CM/ECF with the Clerk’s Office of the United
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`States Court of Appeals for the Federal Circuit on the date below.
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`Respectfully submitted,
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`Harries T. Carrnichael/
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`James T. Carmichael, Reg. No. 45 306
`Carmichael 1P, PLLC
`8000 Towers Crescent Drive
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`13‘h Flr.
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`Tysons Corner, VA 22182
`Attorney for Patent Owner
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`Date: December 7, 2020
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`
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`CERTIFICATE OF SERVICE
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`Case lPR2019—00820
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`Patent 7,937,582
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`The undersigned hereby certifies that the following documents were served
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`by electronic service, by agreement between the parties, on the date below:
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`PATENT OWNER’S NOTICE
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`OF CROSS APPEAL OF FINAL WRITTEN DECISION
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`The names and address of the parties being served are as follows:
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`Michael D. Specht
`Daniel S. Block
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`Timothy L. Tang
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`mspecht—PTAB @ sternekesslercom
`dblock—PTAB @ sternekesslercom
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`ttang-PTAB @ stemekesslercom
`PTAB @ sternekesslercom
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`Respectfully submitted,
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`Harries T. Carmichael/
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`James T. Carmichael, Reg. No. 45 306
`Carmichael. IP, PLLC
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`8000 Towers Crescent Drive
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`13m Fir.
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`Tysons Corner, VA 22182
`Attorney for Patent Owner
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`Date: December 7, 2020
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`
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`FORM 5. Petition for Review or Notice of Appeal of an Order or Decision of an
`Agency, Board, Commission, Office, Bureau
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`Form 5
`July 2020
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`UNITED STATES COURT OF APPEALS
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`FOR THE FEDERAL CIRCUIT
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`MPH Technologies 0y
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`Apple Inc.
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`,
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`,
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`Petitioner or Appellant,
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`Respondent or Appellee.
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`PETITION FOR REVIEW
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`Notice is hereby given that the following party/parties* MPH TQChHOIOSiQS OE
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`
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`hereby petition(s)/appeai(s) the court for review of the order of the IP32019=50820 Final
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`W entered on 9/24/20
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`. The order or decision was received
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`on 9/24/20
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`_
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`Date; 12/20/20
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`Signature: irlfialeaé‘scfinflhaefilichael/
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`Name: JWéITCfiaIifflfififliael
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`Address:W
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`13th Floor
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`Tysons Corner, VA 22182
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`Phone Number: 703'646'9255
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`Emaii Address: jim@carmichae1ip.com
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`*See Fed. R. App. P. 15(a)(2) for permissible ways of identifying petitioners.
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