`Patent 8,878,949
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_________________
`APPLE INC., LG ELECTRONICS, INC.,
`LG ELECTRONICS U.S.A., INC., and GOOGLE LLC,
`
`Petitioner,
`v.
`GESTURE TECHNOLOGY PARTNERS, LLC
`
`Patent Owner
`__________________
`Inter Partes Review No. IPR2021-009211
`U.S. Patent No. 8,878,949
`PATENT OWNER’S NOTICE OF CROSS-APPEAL
`
`Filed on behalf of Patent Owner by:
`
`Todd E. Landis (Reg. No. 44,200)
`2633 McKinney Ave., Suite 130
`Dallas, TX 75204
`
`John Wittenzellner (Reg. No. 61,662)
`1735 Market Street, Suite A #453
`Philadelphia, PA 19103
`
`WILLIAMS SIMONS & LANDIS PLLC
`
`1IPR2022-00092 (LG Electronics, Inc. and LG Electronics U.S.A., Inc.) and
`IPR2022-00362 (Google LLC) have been joined with this proceeding.
`
`
`
`IPR2021-00921
`Patent 8,878,949
`
`Pursuant to 35 U.S.C. §§ 142 and 319, and 37 C.F.R. § 90.2(a), Patent Owner
`
`Gesture Technology Partners, LLC, hereby cross-appeals to the United States Court
`
`of Appeals for the Federal Circuit from the Final Written Decision in Case No.
`
`IPR2021-00921 entered on December 5, 2022 (Paper 24) (“Final Written Decision”)
`
`by the Patent Trial and Appeal Board (“the Board”), and from all underlying orders,
`
`decisions, rulings, and opinions related thereto, including without limitation, those
`
`within the Decision on Institution of Inter Partes Review entered December 13,
`
`2021 (Paper 8). This cross-appeal is timely under 35 U.S.C. § 142 and Rules 4(a)(3)
`
`and 15(a)(1) of the Federal Rules of Appellate Procedure.
`
`In accordance with 37 C.F.R. § 90.2(a)(3)(ii), Patent Owner indicates that the
`
`issues on cross-appeal include, but are not limited to
`
`(1)
`
` The Board’s determinations that claims 1 – 3, 5 – 10, and 12 – 17 of
`
`U.S. Patent No. 8,878,949 are unpatentable; the Board’s consideration and analysis
`
`of the expert testimony, prior art, and other evidence in the record; the Board’s
`
`decision to institute inter partes review; and the Board’s factual findings,
`
`conclusions of law, or other determinations supporting or relating to the above
`
`issues.
`
`Pursuant to 37 C.F.R. § 90.2(a)(1) and (a)(2), and as reflected in the attached
`
`Certificate of Service, this Notice of Appeal is being electronically filed with the
`
`- 1 -
`
`
`
`IPR2021-00921
`Patent 8,878,949
`
`Patent Trial and Appeal Board through the End-to-End System (E2E) System and
`
`the United States Court of Appeals for the Federal Circuit through the CM/ECF
`
`System along with the requisite filing fee. A copy is also being mailed to the Office
`
`of the General Counsel at the U.S. Patent and Trademark Office.
`
`DATED: February 21, 2023
`
`
`
`Respectfully submitted,
`
`By: /Todd E. Landis/
`Todd E. Landis
`Registration No. 44,200
`Counsel for Patent Owner
`
`- 2 -
`
`
`
`IPR2021-00921
`Patent 8,878,949
`
`CERTIFICATE OF SERVICE
`The undersigned certifies that a true and correct copy of this Notice of Cross-
`
`Appeal was filed electronically with the Director of the United States Patent and
`
`Trademark Office, as well as sent via Priority Mail Express from the U.S. Postal
`
`Service to the following address:
`
`Director of the United States Patent and Trademark Office
`c/o Office of the General Counsel
`Mail Stop 8, Post Office Box 1450
`Alexandria, VA 22313-1450
`
`CERTIFICATE OF SERVICE
`The undersigned certifies that a true and correct copy of this Notice of Cross-
`
`Appeal was filed electronically with the Clerk’s Office of the United States Court of
`
`Appeals for the Federal Circuit, as well as sent via FedEx Priority Overnight to the
`
`following address:
`
`United States Court of Appeals for the Federal Circuit
`717 Madison Place, N.W., Suite 401
`Washington, DC 20005
`
`CERTIFICATE OF SERVICE
`Pursuant to 37 C.F.R. § 42.6, the undersigned certifies that on February 21,
`
`2023, the foregoing document was served on counsel of record for Petitioner by
`
`
`
`IPR2021-00921
`Patent 8,878,949
`
`filing this document through the End-to-End System, as well as via electronic mail
`
`to counsel of record for Petitioner (and joined Petitioners) at the following address:
`
`Adam P. Seitz (Adam.Seitz@eriseip.com)
`
`Paul R. Hart (Paul.Hart@eriseip.com)
`
`Matthew D. Satchwell (Matthew.satchwell@dlapiper.com)
`
`Gianni Minutoli (gianni.minutoli@us.dlapiper.com)
`
`Paul R. Steadman (Paul.steadman@dlapiper.com)
`
`Erika H. Arner (erika.arner@finnegan.com)
`
`Daniel C. Cooley (daniel.cooley@finnegan.com)
`
`Mingji Jin (mingji.jin@finnegan.com)
`
`Respectfully submitted,
`
`By: /Todd E. Landis/
`Todd E. Landis
`Registration No. 44,200
`Counsel for Patent Owner
`
`
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