`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`APPLE INC.,
`Petitioner
`
`v.
`
`UNILOC 2017 LLC,
`Patent Owner
`
`U.S. Patent No. 7,136,999 B2
`
`Before JENNIFER S. BISK, MIRIAM L. QUINN, and CHRISTOPHER C.
`KENNEDY, Administrative Patent Judges
`
`BISK, Administrative Patent Judge
`
`Inter Partes Review No.: IPR2019-01337
`
`PETITIONER’S NOTICE OF APPEAL
`
`WEST\293498702.1
`
`
`
`Pursuant to 37 C.F.R. § 90.2(a), Petitioner Apple Inc. (“Petitioner”) hereby
`
`gives notice that it appeals to the United States Court of Appeals for the Federal
`
`Circuit from the Patent Trial and Appeal Board’s January 15, 2021 Final Written
`
`Decision (Paper No. 22) and all underlying orders, decisions, rulings, and opinions
`
`regarding U.S. Patent No. 7,136,999 (the “’999 Patent”).
`
`In accordance with 37 C.F.R. § 90.2(a)(3)(ii), Petitioner states that
`
`anticipated issues on appeal include, but are not limited to:
`
`1) Whether the Board erred in determining that Petitioner did not show
`
`by a preponderance of evidence that the ’999 patent’s claims 1-3, 6-8,
`
`11-14, 16 and 17 are unpatentable under 35 U.S.C. § 103 in light of
`
`U.S. Patent No. 5,887,063 to Varadharajan et al.
`
`Petitioner reserves the right to challenge any finding or determination
`
`supporting or relating to the issue listed above and to challenge any other issues
`
`decided adversely to Petitioner in the Final Written Decision and/or any orders,
`
`decisions or rulings underlying the Final Written Decision.
`
`A copy of this Notice of Appeal is being filed with the Patent Trial and
`
`Appeal Board. In addition, this Notice of Appeal and the required docketing fees
`
`are being filed with the Clerk’s Office for the United States Court of Appeals for
`
`the Federal Circuit.
`
`WEST\293498702.1
`
`
`
`Respectfully Submitted,
`/Larissa Bifano/
`Larissa Bifano
`Reg. No. 59,051
`DLA Piper LLP (US)
`33 Arch Street, 26th Floor
`Boston, Massachusetts 02110-1447
`larissa.bifano@us.dlapiper.com
`Phone: 617-406-6013
`
`Jonathan Hicks
`Reg. No. 75,195
`DLA Piper LLP (US)
`2000 University Ave
`East Palo Alto, CA 94303
`jonathan.hicks@us.dlapiper.com
`Phone: 650-833-2164
`
`James Heintz
`Reg. No. 41,828
`DLA Piper LLP (US)
`One Fountain Square
`11911 Freedom Drive Suite 300
`Reston, VA 20190-5602
`Phone: 703-773-4000
`jim.heintz@us.dlapiper.com
`
`Attorneys for Petitioner
`
`Dated: March 19, 2021
`
`WEST\293498702.1
`
`
`
`CERTIFICATE OF SERVICE
`
`The undersigned certifies that, in addition to being electronically filed
`
`through the PTAB E2E system, a true and correct copy of this Notice of Appeal is
`
`being provided on this date via Priority Mail Express® to the Director of the
`
`United States Patent and Trademark Office at the following address:
`
`Office of the General Counsel
`United States Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`The undersigned also hereby certifies that a true and correct copy of this
`
`Notice of Appeal is being filed on this date via the CM/ECF filing system with the
`
`Clerk’s Office for the United States Court of Appeals for the Federal Circuit.
`
`Dated: March 19, 2021
`
`Respectfully Submitted,
` /Jonathan Hicks/
`Jonathan Hicks
`Reg. No. 75,195
`
`WEST\293498702.1
`
`
`
`CERTIFICATE OF SERVICE
`
`The undersigned certifies that service of the foregoing document was made
`
`on Patent Owner’s counsel of record by filing this document through the PTAB
`
`E2E system and via email to the following addresses:
`
`brett@etheridgelaw.com
`ryan@etheridgelaw.com
`jim@etheridgelaw.com
`jeff@etheridgelaw.com
`
`Dated: March 19, 2021
`
` /Jonathan Hicks/
`Jonathan Hicks
`Reg. No. 75,195
`
`WEST\293498702.1
`
`
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