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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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`ALIVECOR, INC.,
`Patent Owner
`________________
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`IPR2021-00971
`U.S. Patent No. 10,595,731
`______________________
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`PATENT OWNER’S NOTICE OF APPEAL
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`Case IPR2021-00971
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`Office of the General Counsel
`United States Patent and Trademark Office
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
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`Notice is hereby given, pursuant to 37 C.F.R. § 90.2(a) and 35 U.S.C.
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`§§ 141(c), 142, and 319, that Patent Owner AliveCor Inc. appeals to the United
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`States Court of Appeals for the Federal Circuit from the Final Written Decision of
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`the Patent Trial and Appeal Board in Case No. IPR2021-00971, entered December
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`6, 2022 (Paper No. 42). For the limited purpose of providing the Director with the
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`information specified in 37 C.F.R. § 90.2(a)(3)(ii), Petitioner indicates that the
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`issues on appeal may include, but are not limited to, the following:
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`1. Whether the PTAB erred in finding that Petitioner has shown by a
`preponderance of the evidence that claims 1-30 of U.S. Patent No.
`10,595,731 (“the ’731 Patent”) are unpatentable.
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`2. Whether the PTAB erred in finding that Petitioner has shown by a
`preponderance of the evidence that claims 1, 7, 12, 13, 16, 17, 23-26, and
`30 are unpatentable under 35 U.S.C. § 103 as obvious in view of
`WO2012/10559 (“Shmueli”);
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`3. Whether the PTAB erred in finding that Petitioner has shown by a
`preponderance of the evidence that claims 1, 2, 4, 7, 12-14, 16-18, 20, 23-
`26, and 30 are unpatentable under 35 U.S.C. § 103 as obvious in view of
`Shmueli and U.S. Patent Application Publication 2014/0275840(“Osorio”);
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`4. Whether the PTAB erred in finding that Petitioner has shown by a
`preponderance of the evidence that claims 3,5,6, 19, 21, and 22 are
`unpatentable under 35 U.S.C. § 103 as obvious in view of Shmueli, Osorio,
`and Li Q, Clifford GD, “Signal quality and data fusion for false alarm
`reduction in the intensive care unit,” (“Li 2012”);
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`Case IPR2021-00971
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`5. Whether the PTAB erred in finding that Petitioner has shown by a
`preponderance of the evidence that claims 8-11 and 27-29 are unpatentable
`under 35 U.S.C. § 103 as obvious in view of Shmueli, Osorio, and Kleiger
`RE, Stein PK, “Bigger JT Jr. Heart rate variability: measurement and
`clinical utility” (“Kleiger”);
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`6. Whether the PTAB erred in finding that Petitioner has shown by a
`preponderance of the evidence that claim 15 is unpatentable under 35
`U.S.C. § 103 as obvious in view of Shmueli, Osorio, and U.S. Patent No.
`7,894,888 (“Chan”);
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`7. Whether the PTAB erred in any further findings or determinations by the
`Director or the Board supporting or relating to the issues above, including
`the Board’s consideration of the expert testimony, prior art, and other
`evidence in the record; the Board’s claim constructions; and the Board’s
`factual findings, conclusions of law, or other determinations supporting or
`related to the issues above (e.g., including all findings and conclusions
`related to the Board’s decision not to consider objective indicia of
`nonobviousness).
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`Simultaneous with this submission and in accordance with 37 C.F.R.
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`§ 90.2(a), a copy of this Notice of Appeal is being filed with the Director of the
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`United States Patent and Trademark Office, filed with the Patent Trial and Appeal
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`Board, and served upon Petitioner in accordance with 37 C.F.R. § 42.6(e). In
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`addition, this Notice of Appeal, along with the required docketing fees, is being
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`filed with the Clerk’s Office for the United States Court of Appeal for the Federal
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`Circuit in accordance with Fed. Cir. R. 15(a)(1).
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`Date: February 7, 2023
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`Case IPR2021-00971
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`Respectfully submitted,
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` By: //Sean S. Pak
`Sean S. Pak (Pro hac vice)
`QUINN EMANUEL URQUHART &
`SULLIVAN LLP
`50 California St, 22nd Floor
`San Francisco, CA 94111
`Email: seanpak@quinnemanuel.com
`Phone: 415-875-6600
`Fax: 415-875-6700
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`Counsel for AliveCor Inc.
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`Case IPR2021-00971
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`CERTIFICATE OF FILING
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`The undersigned hereby certifies that, in addition to being filed electronically
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`via P-TACTS, the foregoing document was filed by Express Mail on February 7,
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`2023, with the Director of the United States Patent and Trademark Office, at the
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`following address: Director of the United States Patent and Trademark Office c/o
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`Office of the General Counsel, United States Patent and Trademark Office, P.O. Box
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`1450, Alexandria, Virginia 22313-1450.
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`CERTIFICATE OF FILING
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`The undersigned hereby certifies that a true and correct copy of the foregoing
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`document was filed electronically by CM/ECF on February 7, 2023, with the Clerk’s
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`Office of the United States Court of Appeals for the Federal Circuit.
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`Case IPR2021-00971
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`CERTIFICATE OF SERVICE (37 C.F.R. §§ 42.6(E), 42.105(A))
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`The undersigned hereby certifies that the foregoing document was served in its
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`entirety on February 7, 2023 upon the following parties via Electronic Mail.
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` By: / Sean S. Pak
`Sean S. Pak (Pro hac vice)
`QUINN EMANUEL URQUHART &
`SULLIVAN LLP
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`W. Karl Renner Jeremy J. Monaldo
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`IPR50095-0032IP1@fr.com
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`PTABInbound@fr.com
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`axf-ptab@fr.com
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`monaldo@fr.com
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`Date: February 7, 2023
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