`____________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________________
`
`NINTENDO CO., LTD., and NINTENDO OF AMERICA INC.,
`Petitioners,
`
`v.
`
`ANCORA TECHNOLOGIES, INC.,
`Patent Owner.
`__________
`
`Case IPR2021-01338
`U.S. Patent No. 6,411,941 B1
`
`____________________________________________________________
`
`
`
`PATENT OWNER’S NOTICE OF APPEAL
`
`
`
`
`Mail Stop PATENT BOARD
`Patent Trial and Appeal Board
`United States Patent and Trademark Office
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`
`
`
`
`
`
`IPR2021-01338: Patent Owner’s Notice of Appeal
`
`Notice is hereby given, pursuant to 35 U.S.C. §§ 141(c), 142, and 319, and 37
`
`C.F.R. §§ 90.2(a) and 90.3(a), that Patent Owner Ancora Technologies, Inc., hereby
`
`appeals to the United States Court of Appeals for the Federal Circuit from the Final
`
`Written Decision entered on January 25, 2023 in IPR2021-01338 (Paper 48), and
`
`from all underlying orders, decisions, rulings, and opinions that are adverse to Patent
`
`Owner, including, without limitation, those within the Decision on Institution of
`
`Inter Partes Review, entered on January 27, 2022 (Paper 9).
`
`In accordance with 37 C.F.R. § 90.2(a)(3)(ii), Patent Owner further indicates
`
`that the issues on appeal include, but are not limited to, the Board’s claim
`
`constructions, the Board’s determination that claims 1–3, 6–14, and 16 are
`
`unpatentable over U.S. Patent No. 4,658,093 to Hellman (“Hellman”) and U.S.
`
`Patent No. 5,892,906 to Chou (“Chou”) and over Hellman, Chou, and U.S. Patent
`
`No. 5,933,498, the Board’s determinations regarding object evidence of non-
`
`obviousness, and all other issues decided adversely to Patent Owner in any orders,
`
`decisions, rulings, and opinions; the Board’s consideration and analysis of the expert
`
`testimony, prior art, and other evidence in the record; and the Board’s factual
`
`findings, conclusions of law, or other determination supporting or relating to the
`
`above issues.
`
`This Notice of Appeal is timely pursuant to 37 C.F.R. § 90.3, having been
`
`duly filed within 63 days after the Final Written Decision.
`
`
`
`1
`
`
`
`IPR2021-01338: Patent Owner’s Notice of Appeal
`
`A copy of the Notice of Appeal is being filed with the Patent Trial and Appeal
`
`Board. In addition, a copy of this Notice of Appeal is being filed with the Clerk’s
`
`Office for the United States Court of Appeals for the Federal Circuit, and the
`
`required docketing fee will be paid electronically using pay.gov.
`
`If there is any fee due in connection with the filing of this Notice of Appeal,
`
`please charge the fee to Deposit Account No. 06-1135.
`
`
`
`
`
`
`Dated: March 22, 2023
`
`
`
`
`
`120 South LaSalle Street
`Suite 2100
`Chicago, Illinois 60603
`(312) 577-7000
`(312) 577-7007 (fax)
`
`Respectfully submitted,
`FITCH EVEN TABIN & FLANNERY LLP
`
`By: /Nicholas T. Peters/
`Nicholas T. Peters
`Registration No. 53,456
`ntpete@fitcheven.com
`
`
`
`
`
`2
`
`
`
`IPR2021-01338: Patent Owner’s Notice of Appeal
`
`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies that, pursuant to 37 C.F.R. §§ 42.6(e)(4) and
`
`90.2, the foregoing PATENT OWNER’S NOTICE OF APPEAL and all
`
`accompanying documents, were filed electronically via the PTAB E2E system, with
`
`the Patent Trial and Appeal Board on March 22, 2023, pursuant to 37 C.F.R.
`
`42.6(b)(1), and that the foregoing Notice of Appeal and accompanying documents
`
`were served upon the Petitioner pursuant to 37 C.F.R. 42.6(e)(1) via electronic mail
`
`on March 22, 2023, by serving the attorneys of record below at PerkinsService-
`
`Nintendo-Ancora-IPR@perkinscoie.com:
`
`Lead Counsel
`Jerry A. Riedinger
`Reg. No. 30,582
`riedinger-ptab@perkinscoie.com
`Perkins Coie LLP
`
`Back-up Counsel
`Kyle Canavera, Reg. No. 72,167
`canavera-ptab@perkinscoie.com
`Perkins Coie LLP
`
`Theresa H. Nguyen (pro hac vice)
`nguyen-ptab@perkinscoie.com
`Perkins Coie LLP
`
`Tara Kurtis, Reg. No. 74,846
`kurtis-ptab@perkinscoie.com
`Perkins Coie LLP
`
`The undersigned further certifies that a copy of the foregoing Patent Owner’s Notice
`
`of Appeal and accompanying documents were filed on March 22, 2023, with the
`
`United States Court of Appeals for the Federal Circuit through the Court’s CM/ECF
`
`filing system and that the filing fee is being paid electronically using pay.gov.
`
`
`
`
`
`3
`
`
`
`IPR2021-01338: Patent Owner’s Notice of Appeal
`
`Dated: March 22, 2023
`
`By:
`
`
`
`
`
`/Nicholas T. Peters/
`Nicholas T. Peters
`Reg. No. 53,456
`ntpete@fitcheven.com
`Karen J. Wang
`Reg. No. 62,503
`kwang@fitcheven.com
`FITCH, EVEN, TABIN & FLANNERY LLP
`120 South LaSalle Street, Suite 2100
`Chicago, IL 60603
`(312) 577-7000
`(312) 577-7007 (fax)
`Attorneys for Patent Owner
`
`
`
`4
`
`
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