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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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`___________________
`
`YITA LLC,
`Petitioner
`
`v.
`
`MACNEIL IP LLC,
`Patent Owner
`
`___________________
`
`Case IPR2020-01139
`U.S. Patent No. 8,382,186
`___________________
`
`
`PETITIONER’S NOTICE OF APPEAL
`
`
`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 IPR2020-01139
`U.S. Patent No. 8,382,186
`
`INTRODUCTION
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`Yita LLC’s (“Petitioner”) appeal stems from the Patent Trial and Appeal
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`Board’s Final Written Decision Determining No Challenged Claims Unpatentable
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`entered on January 3, 2022 (Paper 80, “Final Written Decision”) in the above-
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`captioned inter partes review (“IPR”) of United States Patent No. 8,382,186 (“the
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`’186 Patent”). This notice is timely filed within 63 days of the Final Written
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`Decision. 37 C.F.R. § 90.3(a)(1).
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`PETITIONER’S APPEAL
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`Please take notice that under 35 U.S.C. §§ 141(c), 142, 319; 37 C.F.R. §§
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`90.2(a), 90.3(a); and Federal Circuit Rule 15(a)(1), Petitioner hereby appeals to the
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`United States Court of Appeals for the Federal Circuit from the Final Written
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`Decision (Paper 80).
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`PETITIONER’S ISSUES ON APPEAL
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`In accordance with 37 C.F.R. § 90.2(a)(3)(ii), Petitioner further states that
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`the issues on appeal include, but are not limited to: (i) the Board’s finding that
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`claims 1-7 of the ’186 Patent were not unpatentable over Rabbe, Yung, and
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`Gruenwald based on evidence of secondary considerations, Paper 80, 83; and (ii)
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`any finding or determination supporting or related to the aforementioned issues,
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`including claim constructions, as well as all other issues decided adversely to
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`Petitioner in any order, decision, ruling, phone conference decision, and/or
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`opinion.
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`- 1 -
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`
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`Case IPR2020-01139
`U.S. Patent No. 8,382,186
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`
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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
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`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,
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`STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
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`/R. Wilson Powers III/
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`R. Wilson Powers III, Reg. No. 63,504
`Counsel for Petitioner
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`
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`Date: January 14, 2022
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`1100 New York Avenue, N.W.
`Washington, D.C. 20005-3934
`(202) 371-2600
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`
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`- 2 -
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`
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`Case IPR2020-01139
`U.S. Patent No. 8,382,186
`CERTIFICATION OF FILING
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`The undersigned certifies that, along with being electronically filed through
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`PTAB E2E, a true and correct copy of the above-captioned PETITIONER’S
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`NOTICE OF APPEAL is being filed by U.S.P.S. Priority Mail Express® with the
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`Director on January 14, 2022, at:
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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 the
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`above-captioned PETITIONER’S NOTICE OF APPEAL and the filing fee is
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`being filed via CM/ECF with the Clerk’s Office of the United States Court of
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`Appeals for the Federal Circuit on January 14, 2022.
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`Respectfully submitted,
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`STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
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`/R. Wilson Powers III/
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`R. Wilson Powers III, Reg. No. 63,504
`Counsel for Petitioner
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`
`
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`
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`Date: January 14, 2022
`
`1100 New York Avenue, N.W.
`Washington, D.C. 20005-3934
`(202) 371-2600
`
`
`
`Case IPR2020-01139
`U.S. Patent No. 8,382,186
`CERTIFICATION OF SERVICE
`The undersigned hereby certifies that a true and correct copy of the
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`
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`foregoing PETITIONER’S NOTICE OF APPEAL was served electronically via
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`e-mail on January 14, 2022, in its entirety on the following counsel for Patent
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`Owner:
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`David G. Wille (Lead Counsel)
`Chad C. Walters (Back-up Counsel)
`Clarke W. Stavinoha (Back-up Counsel)
`BAKER BOTTS L.L.P.
`david.wille@bakerbotts.com
`chad.walters@bakerbotts.com
`clarke.stavinoha@bakerbotts.com
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`Jefferson Perkins (Back-up Counsel)
`PERKINS IP LAW GROUP LLC
`jperkins@perkinsip.com
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`Respectfully submitted,
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`STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
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`
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`/R. Wilson Powers III/
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`R. Wilson Powers III, Reg. No. 63,504
`Counsel for Petitioner
`
`
`
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`Date: January 14, 2022
`
`1100 New York Avenue, N.W.
`Washington, D.C. 20005-3934
`(202) 371-2600
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`17864059_1.DOCX
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`
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