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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.,
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`Petitioner
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`v.
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`CPC PATENT TECHNOLOGIES PTY, LTD.,
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`Case IPR2022-00602
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`U.S. Patent No. 9,665,705
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`NOTICE OF SUPPLEMENTAL AUTHORITY
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`The Federal Circuit recently held in Sanofi-Aventis Deutschland GmbH v.
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`Mylan Pharmaceuticals Inc., Case: 21-1981 (May 9, 2023 Fed. Cir.) that the
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`determination of analogousness of a prior art reference is compared to the challenged
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`patent and not another prior art reference. Sanofi-Aventis, Slip Op., p. 13. CPC
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`previously argued “[n]either Apple nor Dr. Sears explains why skilled persons would
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`have turned to personal computer art to modify a security feature on an automotive
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`key fob.” (Paper 17, 29-30, 20-21). Apple previously noted CPC’s legal analysis for
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`obviousness is incorrect. (Paper 20, 11). Sanofi-Aventis confirms Apple’s position is
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`correct.
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`Respectfully submitted,
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`ERISE IP, P.A.
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`BY: /s/ Jennifer C. Bailey
`Jennifer C. Bailey Reg. No. 52,583
`Adam P. Seitz, Reg. No. 52,206
`7015 College Blvd., Suite 700
`Overland Park, KS 66211
`P: (913) 777-5600
`F: (913) 777-5601
`jennifer.bailey@eriseip.com
`adam.seitz@eriseip.com
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`ATTORNEYS FOR PETITIONER
`APPLE INC.
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`CERTIFICATION OF WORD COUNT
`The undersigned certifies pursuant to 37 C.F.R. § 42.24 that the foregoing
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`Notice Of Supplemental Authority, excluding any certificates of service or word
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`count, contains 826 words according to the word-processing program used to prepare
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`this document (Microsoft Word).
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`Dated: May 23, 2023
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`/s/ Jennifer C. Bailey
`Jennifer C. Bailey, Reg. No. 52,583
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`ATTORNEY FOR PETITIONER
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`CERTIFICATE OF SERVICE ON CPC
`UNDER 37 C.F.R. § 42.6
`Pursuant to 37 C.F.R. § 42.6(e), the undersigned certifies that on May 23,
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`2023, the foregoing NOTICE OF SUPPLEMENTAL AUTHORITY was served via
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`electronic filing with the Board and via Electronic Mail on the following
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`practitioners of record for CPC:
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`Darlene F. Ghavimi-Alagha
`Darlene.Ghavimi@klgates.com
`Brian P. Bozzo
`Brian.Bozzo@klgates.com
`George C. Summerfield
`George.Summerfield@klgates.com
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`Jonah Heemstra
`Jonah.Heemstra@klgates.com
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`/s/ Jennifer C. Bailey
`Jennifer C. Bailey, Reg. No. 52,583
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`ATTORNEY FOR PETITIONER
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