`Patent No. 10,621,228
`
`
`
`
`Patent Owner’s Notice of Appeal
`
`Paper No.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`UNIFIED PATENTS, LLC
`Petitioner
`v.
`
`MEMORYWEB, LLC
`Patent Owner
`
`Patent No. 10,621,228
`
`
`
`
`
`
`
`Inter Partes Review No. IPR2022-01413
`
`
`
`
`
`
`
`
`
`
`PATENT OWNER’S NOTICE OF APPEAL
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`IPR2022-01413
`Patent No. 10,621,228
`
`Pursuant to at least 35 U.S.C. §§ 141 and 142 and 37 C.F.R. §§ 90.2(a) and
`
`Patent Owner’s Notice of Appeal
`
`
`
`90.3, notice is hereby given that Patent Owner MemoryWeb, LLC (“MemoryWeb”)
`
`appeals to the United States Court of Appeals for the Federal Circuit from the Final
`
`Written Decision dated March 14, 2023 (Paper No. 58) (“Final Decision”), the
`
`Director Decision Vacating-in-part the Final Written Decision and Vacating Board
`
`Order dated May 16, 2023 (Paper No. 74) and the Decision Denying Patent Owner’s
`
`Request on Rehearing on December 4, 2023 (Paper No. 82) (“Rehearing Decision”),
`
`and from all underlying findings, orders, decisions, rulings, and opinions.
`
`MemoryWeb filed a Request for Rehearing of the Final Written Decision on April
`
`13, 2023 (Paper No. 69). This notice is timely under 37 C.F.R. § 90.3, having been
`
`filed no later than 63 days after the Rehearing Decision.
`
`
`
`In accordance with 37 C.F.R. § 90.2(a)(3)(ii), MemoryWeb states that the
`
`issues on appeal may include, but are not limited to:
`
` The Board’s determination that claims 1-7 of U.S. Patent No. 10,621,228 were
`
`shown by a preponderance of the evidence to be unpatentable under 35 U.S.C.
`
`§ 103(a) in view of Okamura (Ex. 1004), Flora (Ex. 1005), Wagner (Ex.
`
`1006), and Gilley (Ex. 1007), including any findings or determinations
`
`supporting or related to that determination;
`
` Whether Apple Inc. and/or Samsung Electronics Co., Ltd. should have been
`
`named as a real-party-in-interest to the Petition;
`
`
`
`1
`
`
`
`IPR2022-01413
`Patent No. 10,621,228
`
` The Director’s decision to vacate the Board’s Order Identifying Real Party in
`
`Patent Owner’s Notice of Appeal
`
`
`
`Interest (Paper 56) and vacate-in-part the Final Decision;
`
` The Board’s findings relating to the proper construction of the claim phrase
`
`“responsive to a first input, causing a map view to be displayed . . . the map
`
`view including . . . a [first/second] location selectable thumbnail image”;
`
` The Board’s findings relating to the proper construction of the claim phrase
`
`“the people view including: . . . a first name . . . [and] . . . a second name”;
`
` The Board’s findings relating to the proper construction of the claim phrase
`
`“the first indication feature is connected to the first location selectable
`
`thumbnail image”;
`
` The Board’s findings relating to the proper construction of the claim phrase
`
`“the map view further includes a first indication feature” and “second
`
`indication feature”;
`
` The Board’s determination that certain arguments and evidence in Petitioner’s
`
`Reply did not exceed the permissible scope of a reply;
`
` All other issues decided adversely to MemoryWeb in any orders, decisions,
`
`rulings, and opinions.
`
`A copy of this Notice of Appeal is being filed with the Patent Trial and Appeal
`
`Board. In addition, this Notice of Appeal and the required docketing fees are being
`
`
`
`2
`
`
`
`IPR2022-01413
`Patent No. 10,621,228
`
`filed with the Clerk’s Office for the United States Court of Appeals for the Federal
`
`Patent Owner’s Notice of Appeal
`
`
`
`Respectfully submitted,
`
`/s/Jennifer Hayes
`Jennifer Hayes
`Reg. No. 50,845
`Nixon Peabody LLP
`300 South Grand Avenue,
`Suite 4100,
`Los Angeles, CA 90071-3151
`Tel. 213-629-6179
`Fax 866-781-9391
`
`Circuit.
`
`
`
`Dated: January 3, 2024
`
`By:
`
`
`
`
`
`
`
`3
`
`
`
`IPR2022-01413
`Patent No. 10,621,228
`
`
`
`
`Patent Owner’s Notice of Appeal
`
`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies that a copy of the foregoing Patent Owner’s
`
`Notice of Appeal was served on January 3, 2024, by email:
`
`Counsel for Petitioner, Unified Patents, LLC:
`
`jonathan.strang@lw.com
`
`michelle@unifiedpatents.com
`
`tj@unifiedpatents.com
`
`roshan@unifiedpatents.com
`
`Counsel for Petitioner, Unified Patents, LLC
`
`
`
`By: /s/Jennifer Hayes
`Counsel for Patent Owner
`
`
`
`4
`
`
`
`
`
`
`
`
`
`IPR2022-01413
`Patent No. 10,621,228
`
`
`
`
`Patent Owner’s Notice of Appeal
`
`CERTIFICATE OF SERVICE
`
`
`
`I certify that, in addition to being filed electronically through the Patent Trial
`
`and Appeal Board’s Patent Review Processing System, the original version of
`
`PATENT OWNER’S NOTICE OF APPEAL was filed by Priority Mail Express
`
`Number EJ 318 402 232 US pursuant to M.P.E.P. § 1216.01, 37 C.F.R. § 1.10, and
`
`37 C.F.R. § 104.2 on this 3rd day of January 2024, with the Director of the United
`
`States Patent and Trademark Office at the following address:
`
`By: /s/Jennifer Hayes
`Counsel for Patent Owner
`
`
`
`
`
`Office of the Solicitor
`United States Patent and Trademark Office
`Mail Stop 8, Post Office Box 1450
`Alexandria, Virginia 22313-1450
`
`
`
`
`
`
`
`
`5
`
`
`
`IPR2022-01413
`Patent No. 10,621,228
`
`
`
`
`Patent Owner’s Notice of Appeal
`
`CERTIFICATE OF SERVICE
`
`
`
`I certify that PATENT OWNER’S NOTICE OF APPEAL was filed
`
`electronically on this 3rd day of January 2024, with the Clerk’s Office of the United
`
`States Court of Appeals for the Federal Circuit, via the CM/ECF filing system:
`
`United States Court of Appeals for the Federal Circuit
`717 Madison Place, N.W., Suite 401
`Washington, D.C. 20005
`
`
`By: /s/Jennifer Hayes
`Counsel for Patent Owner
`
`
`
`
`
`
`
`6
`
`