`Patent 9,712,494 B2
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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.,
`Petitioner,
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`v.
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`MPH TECHNOLOGIES OY,
`Patent Owner.
`____________
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`Case IPR2019-00823
`Patent 9,712,494 B2
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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 E2E
`Patent Trial and Appeal Board
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`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
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`via CM/ECF
`United States Court of Appeals for the Federal Circuit
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`INTRODUCTION
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`Case IPR2019-00823
`Patent 9,712,494 B2
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`MPH Technologies Oy’s (“Patent Owner”) appeal stems from the Patent Trial
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`and Appeal Board’s Judgement Final Written Decision Determining Some
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`Challenged Claims Unpatentable 35 U.S.C. § 318(a) entered on November 4, 2020
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`(Paper 26, “Final Written Decision”) in the above-captioned inter partes review of
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`United States Patent No. 9,712,494 B2 (“the ’494 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 C.F.R. §§
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`90.2 – 90.3, (a)(1) 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 November 4, 2020 (Paper 26) in IPR2019-00823.
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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 holding that claims 1, 3, 5-8, and 10 of the ’494 Patent are unpatentable
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`as obvious; and (ii) any finding or determination supporting or related to the
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`aforementioned issue, including claim constructions, as well as all other issues
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`Case IPR2019-00823
`Patent 9,712,494 B2
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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 C.F.R. § 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 c/o 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/
`James T. Carmichael, Reg. No. 45,306
`Carmichal IP, PLLC
`8000 Towers Crescent Drive
`13th Flr.
`Tysons Corner, VA 22182
`Attorney for Patent Owner
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`Date: January 14, 2021
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`CERTIFICATION OF FILING
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`Case IPR2019-00823
`Patent 9,712,494 B2
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`The undersigned hereby certifies that, in addition to being electronically filed
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`through PTAB E2E, 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 U.S.P.S.
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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
`c/o Office of the General Counsel, 10B20
`Madison Building East
`600 Dulany Street
`Alexandria, VA 22314
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`The undersigned also 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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`/James T. Carmichael/
`James T. Carmichael, Reg. No. 45,306
`Carmichal IP, PLLC
`8000 Towers Crescent Drive
`13th Flr.
`Tysons Corner, VA 22182
`Attorney for Patent Owner
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`Date: January 14, 2021
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`CERTIFICATE OF SERVICE
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`Case IPR2019-00823
`Patent 9,712,494 B2
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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@sternekessler.com
`dblock-PTAB@sternekessler.com
`ttang-PTAB@sternekessler.com
`PTAB@sternekessler.com
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`Respectfully submitted,
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`/James T. Carmichael/
`James T. Carmichael, Reg. No. 45,306
`Carmichal IP, PLLC
`8000 Towers Crescent Drive
`13th Flr.
`Tysons Corner, VA 22182
`Attorney for Patent Owner
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`Date: January 14, 2021
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