`____________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
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`APPLE INC.,
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`Petitioner
`
`v.
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`LBT IP I LLC,
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`Patent Owner
`____________
`
`Case IPR2020-01189
`U.S. Patent No. 8,497,774
`____________
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`PATENT OWNER’S NOTICE OF APPEAL
`
`
`
`Case IPR2020-01189
`U.S. Patent No. 8,497,774
`Pursuant to 35 U.S.C. §§ 141, 142, and 319; 37 C.F.R. §§ 90.2-90.3; Federal
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`Rule of Appellate Procedure 15; and Federal Circuit Rule 15, Patent Owner LBT IP
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`I LLC (“Patent Owner”) hereby provides notice that they appeal to the United States
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`Court of Appeals for the Federal Circuit from the Final Written Decision of the
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`Patent Trial and Appeal Board (“Board”) entered on March 2, 2022 in IPR2020-
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`01189 (Paper No. 39) (“Final Written Decision”), and from all underlying findings,
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`determinations, rulings, opinions, orders, issues, and decisions regarding the inter
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`partes review of U.S. Patent No. 8,497,774 (the “’774 Patent”). This notice is timely
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`under 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), Patent Owner states that the
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`issues on appeal include, but are not limited to: the Board’s determination that
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`claims 1, 4-6, 8, 10, 13, and 15 of the ’774 Patent are unpatentable; the Board’s
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`determination that the claim term “multitude” includes two; the Board’s
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`consideration of the expert testimony, fact witness testimony, and other evidence in
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`the record; and the Board’s factual findings, conclusions of law, or other
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`determinations supporting or related to the foregoing issues, as well as all other
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`issues decided adversely to Patent Owner in any orders, decisions, rulings, or
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`opinions.
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`1
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`
`
`Case IPR2020-01189
`U.S. Patent No. 8,497,774
`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 payment of the 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: April 7, 2022
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`
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`Respectfully submitted,
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`TAFT STETTINIUS & HOLLISTER LLP
`
` /Shaun D. Gregory/
`Shaun D. Gregory (Reg. No. 68,498)
`Brian S. Seal (pro hac vice)
`200 Massachusetts Avenue N.W.
`Suite 500
`Washington, DC 20001
`Tel: 202-664-1545
`Fax: 202-664-1586
`Email: sgregory@taftlaw.com
`Email: bseal@taftlaw.com
`
`Counsel for Patent Owner
`
`2
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`
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`CERTIFICATE OF FILING
`The undersigned certifies that on April 7, 2022, in addition to being filed
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`electronically through the PTAB’s E2E System, a true and correct copy of PATENT
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`OWNER’S NOTICE OF APPEAL is being filed in paper via Priority Mail Express
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`with the Director of the U.S. Patent and Trademark Office 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
`The undersigned also certifies that on April 7, 2022, a true and correct copy
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`of PATENT OWNER’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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`/Shaun D. Gregory/
`Shaun D. Gregory (Reg. No. 68,498)
`
`
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`CERTIFICATE OF SERVICE (37 C.F.R. § 42.6(e))
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`Pursuant to 37 C.F.R. §42.6(e), the undersigned certifies that on April 7, 2022,
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`a complete copy of PATENT OWNER’S NOTICE OF APPEAL was served
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`electronically via e-mail on the following counsel of record for Petitioners:
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`Jennifer C. Bailey (Lead Counsel)
`USPTO Reg. No. 52,583
`ERISE IP, P.A.
`7015 College Blvd., Suite 700
`Overland Park, KS 66211
`PTAB@eriseip.com
`Phone: (913) 777-5600
`Fax: (913) 777-5601
`
`Adam P. Seitz (Back-Up Counsel)
`USPTO Reg. No. 52,206
`ERISE IP, P.A.
`7015 College Blvd., Suite 700
`Overland Park, KS 66211
`PTAB@eriseip.com
`Phone: (913) 777-5600
`Fax: (913) 777-5601
`
`/Shaun D. Gregory/
`Shaun D. Gregory (Reg. No. 68,498)
`
`