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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`INTEL CORPORATION,
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`Petitioner,
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`v.
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`FG SRC LLC,
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`Patent Owner.
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`IPR2020-01449
`Patent No. 7,149,867
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`PATENT OWNER’S NOTICE OF APPEAL
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`Patent Owner hereby gives notice, pursuant to 35 U.S.C. § 142 and 37 C.F.R.
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`§ 90.2(a) and 90.3(a), to the Director of the United States Patent and Trademark
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`Office that Patent Owner hereby appeals to the United States Court of Appeals for
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`the Federal Circuit from the Final Written Decision of the Patent Trial and Appeal
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`Board under 35 U.S.C. § 318(a) in Intel Corporation v. FG SRC LLC, IPR2020-
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`01449, dated March 1, 2022, and from all underlying orders, decisions, rulings, and
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`opinions adverse to Patent Owner regarding the following issues:
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`1.
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`Whether the Board erred in its construction of the challenged claims
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`of U.S. Patent No. 7,149,867 (“’867 Patent”), including failing to construe
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`disputed terms.
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`2.
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`Whether the Board erred in determining that any of the challenged
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`claims of the ’867 Patent, properly construed, are rendered obvious by the
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`combination of the Zhang and Gupta references.
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`3.
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`Whether the Board erred in determining that any of the challenged
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`claims of the ’867 Patent, properly construed, are rendered obvious by the
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`combination of the Zhang, Gupta, and Chien references.
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`4.
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`Whether the Board erred in denying Patent Owner’s Revised
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`Contingent Motion to Amend, including its determination that Patent Owner did
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`not provide sufficient written description support for the proposed amendments
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`1
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`and its determination that Patent Owner sought to add a “negative limitation” that
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`was not supported by the written specification.
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`5.
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`Whether the Initial Determination and/or Final Written Decision
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`were invalid, null, and void because they were not properly issued by a principal
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`officer nominated by the President and confirmed by the Senate within the time
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`mandated by statute and, thus, in violation of the U.S. Constitution, Federal
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`Vacancies Reform Act, and 35 U.S.C. §§ 314, 316, and 318.
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`Simultaneous with this submission, a copy of this Notice of Appeal is being
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`filed electronically with the Patent Trial and Appeal Board pursuant to 37 C.F.R.
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`§ 90.2(a). A copy of this Notice of Appeal, along with the required docketing fees
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`and a copy of the Decision on Appeal, has also be simultaneously transmitted to the
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`clerk of the court for the Federal Circuit pursuant to Fed. Cir. Rule 15(a)(1).
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`Dated: May 3, 2022
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`Respectfully submitted,
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`/s/ Jay P. Kesan
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`Jay P. Kesan, Reg. No. 37,488
`Cecil E. Key
`Henning Schmidt
`DIMUROGINSBERG, PC
`DGKEYIP GROUP
`1750 Tysons Blvd. Suite 1500
`Tysons Corner, VA 22102
`jkesan@dimuro.com
`ckey@dimuro.com
`hschmidt@dimuro.com
`Telephone: (703) 289-5118
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`2
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`Ari Rafilson, Reg. No. 58,693
`SHORE CHAN LLP
`901 Main Street, Suite 3300
`Dallas, TX 75202
`arafilson@shorechan.com
`Telephone: (214) 593-9110
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`Attorneys for Patent Owner
`FG SRC LLC
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`3
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`CERTIFICATE OF SERVICE
`Pursuant to 37 C.F.R. §§ 42.6(e)(4) and 42.25(b), the undersigned certifies
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`that on May 3, 2022, a complete copy of Patent Owner FG SRC LLC’s Notice of
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`Appeal was filed electronically through the Patent Trial and Appeal Board’s
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`PTABE2E System and provided, via electronic service, to the Petitioner by serving
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`the correspondence address of record.
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`Dated: May 3, 2022
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`/s/ Jay P. Kesan
`Jay P. Kesan
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`4
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