`
`By:
`
`
`On behalf of:
`Patent Owner Masimo Corporation
`John M. Grover (Reg. No. 42,610)
`Stephen W. Larson (Reg. No. 69,133)
`Jarom D. Kesler (Reg. No. 57,046)
`Joseph R. Re (Reg. No. 31,291)
`Shannon H. Lam (Reg. No. 65,614)
`Benjamin A. Katzenellenbogen (Reg. No. 53,102)
`KNOBBE, MARTENS, OLSON & BEAR, LLP
`2040 Main Street, 14th Floor
`Irvine, CA 92614
`Tel.: (949) 760-0404
`Email: AppleIPR2020-1722-695@knobbe.com
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`
`
`APPLE INC.
`Petitioner,
`
`v.
`
`MASIMO CORPORATION,
`Patent Owner.
`
`
`
`
`
`
`
`IPR2020-01722
`Patent 10,470,695
`
`
`
`
`
`PATENT OWNER’S NOTICE OF APPEAL TO
`THE U.S. COURT OF APPEALS FOR THE FEDERAL CIRCUIT
`
`
`
`
`
`
`IPR2020-01722
`Apple v. Masimo – Patent 10,470,695
`
`Pursuant to 28 U.S.C. § 1295(a)(4)(A), 35 U.S.C. §§ 141(c), 142, and 319,
`
`37 C.F.R. §§ 90.2(a) and 90.3, and Rule 4(a) of the Federal Rules of Appellate
`
`Procedure, Patent Owner Masimo Corporation (“Masimo”) hereby appeals to the
`
`United States Court of Appeals for the Federal Circuit from the Judgment – Final
`
`Written Decision (Paper 29) entered on May 5, 2022 (Attachment A) and from all
`
`underlying orders, decisions, rulings, and opinions that are adverse to Masimo
`
`related thereto and included therein, including those within the Decision Granting
`
`Institution of Inter Partes Review, entered May 12, 2021 (Paper 8). Masimo
`
`appeals the Patent Trial and Appeal Board’s determination that claims 6, 14, and
`
`21 of U.S. Patent 10,470,695 are unpatentable, and all other findings and
`
`determinations, including but not limited to claim construction, as well as all other
`
`issues decided adverse to Masimo’s position or as to which Masimo is dissatisfied
`
`in IPR2020-01722 involving Patent 10,470,695.
`
`Masimo is concurrently providing true and correct copies of this Notice of
`
`Appeal, along with the required fees, to the Director of the United States Patent
`
`and Trademark Office and the Clerk of the United States Court of Appeals for the
`
`Federal Circuit.
`
`Dated: June 9, 2022
`
`Respectfully submitted,
`KNOBBE, MARTENS, OLSON & BEAR, LLP
`
`By: /John M. Grover/
`John M. Grover (Reg. No. 42,610)
`Stephen W. Larson (Reg. No. 69,133)
`
`
`
`-1-
`
`
`
`IPR2020-01722
`Apple v. Masimo – Patent 10,470,695
`
`Jarom D. Kesler (Reg. No. 57,046)
`Joseph R. Re (Reg. No. 31,291)
`Shannon H. Lam (Reg. No. 65,614)
`Benjamin A. Katzenellenbogen (Reg. No. 53,102)
`
`Attorneys for Patent Owner
`Masimo Corporation
`
`
`-2-
`
`
`
`IPR2020-01722
`Apple v. Masimo – Patent 10,470,695
`
`CERTIFICATE OF SERVICE
`I hereby certify that the original of this Notice of Appeal was filed via
`
`U.S.P.S. Priority Mail Express on June 9, 2022 with the Director of the United
`
`States Patent and Trademark Office at the address below:
`
`Office of the Solicitor
`United States Patent and Trademark Office
`Mail Stop 8, P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
` copy of this Notice of Appeal is being filed and served on June 9, 2022 as
`
` A
`
`follows:
`
`To the USPTO Patent Trial and Appeal Board:
`Patent Trial and Appeal Board
`Madison Building East
`600 Dulany Street
`Alexandria, VA 22313
`
`(via PTABe2e – as authorized by the Board)
`
`To the U.S. Court of Appeals for the Federal Circuit:
`Clerk of Court
`U.S. Court of Appeals for the Federal Circuit
`717 Madison Place, N.W.
`Washington, DC 20439
`
`(via CM/ECF – with filing fee)
`
`Counsel for Petitioner Apple, Inc.:
`
`
`W. Karl Renner
`Andrew B. Patrick
`patrick@fr.com
`Daniel D. Smith
`Kenneth Hoover
`
`
`
`
`
`IPR2020-01722
`Apple v. Masimo – Patent 10,470,695
`
`Roberto J. Devoto
`Fish & Richardson P.C.
`3200 RBC Plaza
`60 South Sixth Street
`Minneapolis, MN 55402
`IPR50095-0004IP1@fr.com
`PTABInbound@fr.com; Axf-ptab@fr.com
`
`
`Dated: June 9, 2022
`
`
`55746407
`
`
`
`By: /John M. Grover/
`John M. Grover (Reg. No. 42,610)
`Stephen W. Larson (Reg. No. 69,133)
`Jarom D. Kesler (Reg. No. 57,046)
`Joseph R. Re (Reg. No. 31,291)
`Shannon H. Lam (Reg. No. 65,614)
`Benjamin A. Katzenellenbogen (Reg. No. 53,102)
`
`Attorneys for Patent Owner
`Masimo Corporation
`
`
`
`
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