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`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`___________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`___________________
`
`ROKU, INC.,
`Petitioner
`
`v.
`
`UNIVERSAL ELECTRONICS, INC.,
`Patent Owner
`
`___________________
`
`Case IPR2019-01615
`Patent 9,716,853 B2
`___________________
`
`PETITIONER’S NOTICE OF APPEAL OF FINAL WRITTEN
`DECISION AND ORDER DENYING PETITIONER’S
`REQUEST FOR REHEARING
`
`
`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 IPR2019-01615
`U.S. Patent No. 9,716,853
`
`INTRODUCTION
`Roku, Inc.’s (“Petitioner”) appeal stems from the Patent Trial and Appeal
`
`Board’s Judgement Final Written Decision finding that Petitioner failed to show
`
`that claims 1, 3, 5, and 7 of U.S. Patent No. 9,716,853 (“the ’853 Patent”) are
`
`unpatentable, entered on April 13, 2021 (Paper 33, “Final Written Decision”), and
`
`the Order Denying Petitioner’s Request for Rehearing, entered on August 17, 2021
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`(Paper 35, “Rehearing Request Denial”) in the above-captioned inter partes review
`
`of the ’853 Patent. This notice is timely filed within 63 days of the Rehearing
`
`Request Denial. 37 C.F.R. § 90.3(a)(1).
`
`PETITIONER’S APPEAL
`Please take notice that under 35 U.S.C. §§ 141(c), 142, 319; 37 C.F.R. §§
`
`90.2(a), 90.3(a), and Federal Rules of Appellate Procedure/Federal Circuit Rule
`
`4(3)(a), Petitioner hereby appeals to the United States Court of Appeals for the
`
`Federal Circuit from the Final Written Decision (Paper 33) and the Rehearing
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`Request Denial (Paper 35).
`
`PETITIONER’S ISSUES ON APPEAL
`In accordance with 37 C.F.R. § 90.2(a)(3)(ii), Petitioner’s issues on appeal
`
`include at least: (i) the Board’s finding that claims 1, 3, 5, and 7 of the ’853 Patent
`
`are not unpatentable as obvious over Chardon; (ii) the Board’s finding that claims
`
`1, 3, 5, and 7 of the ’853 Patent are not unpatentable as obvious over Chardon and
`
`
`
`
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`- 1 -
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`
`
`Case IPR2019-01615
`U.S. Patent No. 9,716,853
`HDMI 1.3a; (iii) the Board’s finding that 1, 3, 5, and 7 of the ’853 Patent are not
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`unpatentable as obvious over the combination of Chardon and Stecyk; (iv) the
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`Board’s finding that claims 1, 3, 5, and 7 of the ’853 Patent are not unpatentable as
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`obvious over the combination of Chardon, Stecyk, and HDMI 1.3a; (v) the Board’s
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`denial of Petitioner’s Request for Rehearing; and (vi) 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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`Simultaneously with this submission, Petitioner is filing a true and correct
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`copy of this Notice of Appeal with the Director of the United States Patent and
`
`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 Certificate of Filing.
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`Respectfully submitted,
`
`STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
`
`/Jon E. Wright/
`
`Jon E. Wright
`Registration No. 50,720
`Attorney for Petitioner
`
`Date: October 14, 2021
`1100 New York Avenue, N.W.
`Washington, D.C. 20005
`(202) 371-2600
`
`
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`- 2 -
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`
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`Case IPR2019-01615
`U.S. Patent No. 9,716,853
`CERTIFICATION OF FILING
`The undersigned certifies that, along with electronically filed through PTAB
`
`
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`E2E, a true and correct copy of the above-captioned PETITIONER’S NOTICE
`
`OF APPEAL OF FINAL WRITTEN DECISION AND ORDER DENYING
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`PETITIONER’S REQUEST FOR REHEARING is being filed by U.S.P.S.
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`Priority Mail Express® with the Director on October 14, 2021 at the following
`
`address:
`
`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
`
`above-captioned PETITIONER’S NOTICE OF APPEAL OF FINAL
`
`WRITTEN DECISION AND ORDER DENYING PETITIONER’S
`
`REQUEST FOR REHEARING 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 October 14, 2021.
`
`STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
`/Jon E. Wright/
`Jon E. Wright
`Registration No. 50,720
`Attorney for Petitioner
`
`Date: October 14, 2021
`1100 New York Avenue, N.W.
`Washington, D.C. 20005
`(202) 371-2600
`
`
`
`Case IPR2019-01615
`U.S. Patent No. 9,716,853
`CERTIFICATION OF SERVICE
`
`The undersigned hereby certifies that the foregoing PETITIONER’S
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`NOTICE OF APPEAL OF FINAL WRITTEN DECISION AND ORDER
`
`DENYING PETITIONER’S REQUEST FOR REHEARING was served
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`electronically via e-mail on October 14, 2021, in its entirety on the following:
`
`Benjamin S. Pleune (Lead Counsel)
`Ryan W. Koppelman (Back-up Counsel)
`Thomas W. Davison (Back-up Counsel)
`James H. Abe (Back-up Counsel)
`Caleb J. Bean (Back-up Counsel)
`Derek S. Neilson (Back-up Counsel)
`Nicholas T. Tsui (Back-up Counsel)
`Gary Jarosik (Back-up Counsel)
`James J. Lukas, Jr. (Back-up Counsel)
`Benjamin P. Gilford (Back-up Counsel)
`
`ben.pleune@alston.com
`ryan.koppelman@alston.com
`tom.davison@alston.com
`james.abe@alston.com
`caleb.bean@alston.com
`derek.neilson@alston.com
`nick.tsui@alston.com
`jarosikg@gtlaw.com
`lukasj@gtlaw.com
`gilfordb@gtlaw.com
`
`STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
`
`/Jon E. Wright/
`
`Jon E. Wright
`Registration No. 50,720
`Attorney for Petitioner
`
`Date: October 14, 2021
`1100 New York Avenue, N.W.
`Washington, D.C. 20005
`(202) 371-2600
`
`17412007_1.docx
`
`
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