`U.S. Patent No. 8,497,774
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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`_____________________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`_____________________
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`APPLE INC.,
`Petitioner
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`v.
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`LBT IP I LLC,
`Patent Owner
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`_____________________
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`Case No. IPR2020-01189
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`U.S. Patent No. 8,497,774
`_____________________
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`PETITIONER’S NOTICE OF APPEAL
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`IRP2020-01189
`U.S. Patent No. 8,497,774
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`Petitioner Apple Inc. (“Petitioner”) hereby provides notice of its appeal to the
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`United States Court of Appeals for the Federal Circuit from the Final Written
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`Decision on Remand of the Patent Trial and Appeal Board entered on December 15,
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`2023, in IPR2020-01189 (Paper No. 48) (“Final Written Decision”), and from all
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`underlying findings, determinations, rulings, opinions, orders, issues, and decisions
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`regarding the inter partes review of U.S. Patent No. 8,497,774 (the “’774 Patent”).
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`See 35 U.S.C. §§ 141, 142, and 319; 37 C.F.R. §§ 90.2–90.3; Federal Rule of
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`Appellate Procedure 15, and Federal Circuit Rule 15. This Notice is timely under
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`37 C.F.R. § 90.3, having been filed no later than 63 days after the Final Written
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`Decision.
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`In accordance with 37 C.F.R. § 90.2(a)(3)(ii), Petitioner states that the issues
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`on appeal include, but are not limited to: the Board’s determination that Petitioner
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`had not demonstrated by a preponderance of the evidence that claims 8, 10, 13, and
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`15 of the ’774 patent are unpatentable; the Board’s determination that the claim term
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`“the power level comprising a multitude of threshold values” excludes signal level
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`threshold values; the Board’s consideration of expert testimony, fact witness
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`testimony, and other evidence in the record; and the Board’s factual findings,
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`conclusions of law, or other determinations supporting or related to the foregoing
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`1
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`IRP2020-01189
`U.S. Patent No. 8,497,774
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`issues, as well as all other issues decided adversely to Petitioner in any orders,
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`decisions, rulings, or opinions.
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`This Notice of Appeal is being e-filed with the Clerk’s Office for the United
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`States Court of Appeals for the Federal Circuit, along with the payment of required
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`docketing fees. In addition, a true and correct copy of this Notice of Appeal is being
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`filed simultaneously with the Director of the United States Patent and Trademark
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`Office.
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`DATED: February 15, 2024
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`Respectfully Submitted,
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`By: /s/ Adam P. Seitz
`Adam P. Seitz (Reg. No. 52,206)
`ERISE IP, P.A.
`7015 College Blvd, Suite 700
`Overland Park, KS 66211
`Tel: (913) 777-5600
`Fax: (913) 777-5601
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`Counsel for Petitioner
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`2
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`CERTIFICATE OF FILING
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`The undersigned certifies that on February 15, 2024, in addition to being filed
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`electronically through the Patent Trial and Appeal Board’s E2E system, a true and
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`correct copy of PETITIONER’S NOTICE OF APPEAL is being filed in paper
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`via Priority Mail Express with the Director of the U.S. Patent and Trademark Office
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`at the following address:
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`Mail Stop 8
`Director of the U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
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`The undersigned also certifies that on February 15, 2024, a true and correct
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`copy of PETITIONER’S NOTICE OF APPEAL is being filed via the electronic
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`filing system, CM/ECF, with the Clerk’s Office of the U.S. Court of Appeals for the
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`Federal Circuit.
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`/s/ Adam P. Seitz
`Adam P. Seitz
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`IRP2020-01189
`U.S. Patent No. 8,497,774
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`CERTIFICATE OF SERVICE (37 C.F.R. § 42.6(e))
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`The undersigned certifies service pursuant to 37 C.F.R. § 42.6(e) that on
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`February 15, 2024, a complete copy of PETITIONER’S NOTICE OF APPEAL
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`was served electronically via e-mail on the following counsel of record for Patent
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`Owner:
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`Shaun D. Gregory
`Brian S. Seal
`TAFT STETTINIUS & HOLLISTER LLP
`200 Massachusetts Avenue N.W.
`Suite 500
`Washington, DC 20001
`Tel: 202-664-1545
`Fax: 202-664-1586
`sgregory@taftlaw.com
`bseal@taftlaw.com
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`/s/ Adam P. Seitz
`Adam P. Seitz
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