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`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`______________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`______________________
`
`APPLE, INC.,
`Petitioner,
`
`v.
`
`ALIVECOR, INC.,
`Patent Owner
`________________
`
`IPR2021-00972
`U.S. Patent No. 10,638,941
`______________________
`
`
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`PATENT OWNER’S NOTICE OF APPEAL
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`
`
`
`
`Case IPR2021-00972
`
`
`
`Office of the General Counsel
`United States Patent and Trademark Office
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`
`Notice is hereby given, pursuant to 37 C.F.R. § 90.2(a) and 35 U.S.C.
`
`§§ 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. IPR2021-00972, entered December
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`6, 2022 (Paper No. 43). 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 1-23 of U.S. Patent No.
`10,628,941 (“the ’941 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, 5, 7-9, 11, 12, 16, 18-20, 22,
`and 23 are unpatentable under 35 U.S.C. § 103 as obvious in view of
`WO2012/10559 (“Shmueli”) and U.S. Patent Application Publication
`2014/0275840(“Osorio”);
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`3. Whether the PTAB erred in finding that Petitioner has shown by a
`preponderance of the evidence that claims 2-4, 6, 13-15, and 17 are
`unpatentable under 35 U.S.C. § 103 as obvious in view of Shmueli, Osorio,
`and Jinseok Lee et al., Atrial Fibrillation Detection using a Smart Phone,
`15:1 INT’L.J. OF BIOELECTROMAGNETISM 26–29 (2013) (“Lee-
`2013”);
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`4. Whether the PTAB erred in finding that Petitioner has shown by a
`preponderance of the evidence that claims 10 and 21 are unpatentable under
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`
`
`
`
`Case IPR2021-00972
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`
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`35 U.S.C. § 103 as obvious in view of Shmueli, Osorio, and U.S. Patent
`No. 7,894,888 B2 (“Chan”);
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`5. 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).
`
`
`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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`Respectfully submitted,
`
` 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
`
`Counsel for AliveCor Inc.
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`
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`
`
`Case IPR2021-00972
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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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`
`
`
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`
`
`
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`Case IPR2021-00972
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`
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`
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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
`
`
`
`
`
`
`
`W. Karl Renner Jeremy J. Monaldo
`
`IPR50095-0032IP1@fr.com
`
`PTABInbound@fr.com
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`axf-ptab@fr.com
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`monaldo@fr.com
`
`
`Date: February 7, 2023
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`
`
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`
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