`Patent No. 10,621,228
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`Patent Owner’s Notice of Appeal
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`Paper No.
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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`APPLE INC.
`Petitioner
`v.
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`MEMORYWEB, LLC
`Patent Owner
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`Patent No. 10,621,228
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`Inter Partes Review No. IPR2022-00031
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`PATENT OWNER’S NOTICE OF APPEAL
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`IPR2022-00031
`Patent No. 10,621,228
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`Pursuant to at least 35 U.S.C. §§ 141 and 142 and 37 C.F.R. §§ 90.2(a) and
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`Patent Owner’s Notice of Appeal
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`90.3, notice is hereby given that Patent Owner MemoryWeb, LLC (“MemoryWeb”)
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`appeals to the United States Court of Appeals for the Federal Circuit from the Final
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`Written Decision, dated November 17, 2023 (Paper No. 80) (“Final Decision”)
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`entered in IPR2022-00031, and from all underlying findings, orders, decisions,
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`rulings, and opinions. This notice is timely under 37 C.F.R. § 90.3, having been filed
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`no later than 63 days after the Final Decision.
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`In accordance with 37 C.F.R. § 90.2(a)(3)(ii), MemoryWeb states that the
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`issues on appeal may include, but are not limited to:
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` The Board’s determination that claims 1-19 of U.S. Patent No. 10,621,228
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`were shown by a preponderance of the evidence to be unpatentable under 35
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`U.S.C. § 103(a) in view of the Aperture 3 User Manual (Ex. 1005) (“A3UM”)
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`and Belitz (Ex. 1006), including any findings or determinations supporting or
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`related to that determination;
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` The Board’s determination that A3UM (Ex. 1005) was shown by a
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`preponderance of the evidence to be a printed publication and qualifies as
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`prior art to U.S. Patent No. 10,621,228;
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` The Board’s findings relating to the proper construction of the term
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`“responsive to”;
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`IPR2022-00031
`Patent No. 10,621,228
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` Whether Petitioner should have been named as a real-party-in-interest to the
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`Patent Owner’s Notice of Appeal
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`inter partes review petition filed by Unified Patents, LLC challenging claims
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`1-7 of the ‘228 patent (IPR2021-01413);
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` The Board’s findings that Patent Owner “forfeited and/or waived” the right to
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`assert estoppel under 35 U.S.C. § 315(e)(1) and denial of Patent Owner’s
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`Motion to Terminate (Paper 57);
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` The Board’s denial of Patent Owner’s Motion to Exclude (Paper No. 34);
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` All other issues decided adversely to MemoryWeb in any orders, decisions,
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`rulings, and opinions.
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`A copy of this Notice of Appeal is being filed with the Patent Trial and Appeal
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`Board. In addition, this Notice of Appeal and the required docketing fees are being
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`filed with the Clerk’s Office for the United States Court of Appeals for the Federal
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`Circuit.
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`IPR2022-00031
`Patent No. 10,621,228
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`Patent Owner’s Notice of Appeal
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`Respectfully submitted,
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`/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
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`Dated: January 3, 2024
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`By:
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`IPR2022-00031
`Patent No. 10,621,228
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`Patent Owner’s Notice of Appeal
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`CERTIFICATE OF SERVICE
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`The undersigned hereby certifies that a copy of the foregoing Patent Owner’s
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`Notice of Appeal was served on January 3, 2024, by email:
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`Counsel for Petitioner Apple Inc.:
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`Jeffrey P. Kushan
`Thomas A. Broughan, III
`Scott M. Border
`Sidley Austin LLP
`1501 K Street, N.W.
`Washington, D.C. 20005
`jkushan@sidley.com
`tbroughan@sidley.com
`sborder@sidley.com
`SidleyAppleMemoryWebIPRs@sidley.com
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`Counsel for Petitioner, Apple Inc.
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`By: /s/Jennifer Hayes
`Counsel for Patent Owner
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`IPR2022-00031
`Patent No. 10,621,228
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`Patent Owner’s Notice of Appeal
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`CERTIFICATE OF SERVICE
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`I certify that, in addition to being filed electronically through the Patent Trial
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`and Appeal Board’s Patent Review Processing System, the original version of
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`PATENT OWNER’S NOTICE OF APPEAL was filed by Priority Mail Express
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`Number EJ 318 402 246 US pursuant to M.P.E.P. § 1216.01, 37 C.F.R. § 1.10, and
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`37 C.F.R. § 104.2 on this 3rd day of January 2024, with the Director of the United
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`States Patent and Trademark Office at the following address:
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`By: /s/Jennifer Hayes
`Counsel for Patent Owner
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`Office of the Solicitor
`United States Patent and Trademark Office
`Mail Stop 8, Post Office Box 1450
`Alexandria, Virginia 22313-1450
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`IPR2022-00031
`Patent No. 10,621,228
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`Patent Owner’s Notice of Appeal
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`CERTIFICATE OF SERVICE
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`I certify that PATENT OWNER’S NOTICE OF APPEAL was filed
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`electronically on this 3rd day of January 2024, with the Clerk’s Office of the United
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`States Court of Appeals for the Federal Circuit, via the CM/ECF filing system:
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`United States Court of Appeals for the Federal Circuit
`717 Madison Place, N.W., Suite 401
`Washington, D.C. 20005
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`By: /s/Jennifer Hayes
`Counsel for Patent Owner
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