`
`____________
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`____________
`
`
`ECOBEE TECHNOLOGIES ULC, and GOOGLE, LLC
`Petitioner
`
`v.
`
`ECOFACTOR, INC.,
`Patent Owner
`____________
`
`IPR2022-00969, IPR2023-00355
`Patent No. 8,596,550
`____________
`
`
`PATENT OWNER’S NOTICE OF APPEAL
`
`
`
`
`
`
`
`
`
`IPR2022-00969
`Patent No. 8,740,550
`
`I.
`
`INTRODUCTION
`Pursuant to 35 U.S.C. §§ 141, 142, and 319, and in accordance with 37 C.F.R.
`
`§§ 90.2-90.3, Patent Owner EcoFactor, Inc. appeals to the United States Court of
`
`Appeals for the Federal Circuit from: (1) the Final Written Decision of the Patent
`
`Trial and Appeal Board entered on November 13, 2023 (Paper 39), and from all
`
`underlying findings, determinations, orders, decisions, rulings and opinions
`
`regarding the inter partes review of U.S. Patent No. 8,596,550 (“the ’550 Patent”),
`
`including the DECISION Instituting Inter Partes Review entered on November 15,
`
`2022 (Paper 8).1
`
`For the limited purpose of providing the Director with the information
`
`requested in 37 C.F.R. § 90.2(a)(3)(ii), Patent Owner anticipates that the issues on
`
`appeal may include, but are not limited to, the following, as well as any underlying
`
`findings, determinations, orders, decisions, rulings, opinions, or other related issues:
`
`Whether the Patent Trial and Appeal Board’s decision finding that claims 17-
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`23 of the ’550 Patent are unpatentable was “arbitrary, capricious, an abuse of
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`discretion, or otherwise not in accordance with law; … in excess of statutory
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`jurisdiction, authority or limitations, or … without observance of procedure required
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`by law; [or] unsupported by substantial evidence … .” 5 U.S.C. § 706(2)(A)-(E).
`
`
`1 IPR2022-00355 (Google LLC) has been joined with IPR2022-00969. Paper 17.
`
`
`
`1
`
`
`
`IPR2022-00969
`Patent No. 8,740,550
`Simultaneous with the electronic submission of this Notice of Appeal to the
`
`Patent Trial and Appeal Board, a copy of this Notice of Appeal is being filed with
`
`the United States Patent and Trademark Office by way of mail to the Office of
`
`General Counsel to:
`
`Office of the General Counsel
`United States Patent and Trademark Office
`Madison Building East, Room 10B20
`600 Dulany Street
`Alexandria, Virginia 22314
`
`In addition, consistent with Federal Circuit Rules 15(a)(1) and 25(b)(1), this
`
`Notice of Appeal, along with the required docketing fees and copies of the decisions
`
`of the agency for which review is sought, are being filed electronically with the
`
`United States Court of Appeals for the Federal Circuit, and one paper copy of the
`
`Notice of Appeal is being provided to the Clerk’s Office:
`
`Clerk of Court
`United States Court of Appeals for the Federal Circuit
`717 Madison Place, NW, Room 401
`Washington, DC 20439
`Case IPR2021-00982
`U.S. Patent No. 10,612,983
`
`Any required fees to the United States Patent and Trademark Office may be
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`charged to the account on file.
`
`
`Dated: January 16, 2024
`
`
`
`
`
`/s/ Philip X. Wang
`
`Respectfully submitted,
`
`
`
`2
`
`
`
`IPR2022-00969
`Patent No. 8,740,550
`Philip X. Wang (Reg. No. 74,621)
`Russ August & Kabat
`12424 Wilshire Blvd., 12th Fl.
`Los Angeles, CA 90025
`Phone: (310) 826-7474
`Fax: (310) 826-6991
`pwang@raklaw.com
`rak_ecofactor@raklaw.com
`
`
`
`
`
`3
`
`
`
`IPR2022-00969
`Patent No. 8,740,550
`CERTIFICATE OF SERVICE (37 C.F.R. § 42.6(e)(1))
`
`The undersigned hereby certifies that, in addition to being electronically filed
`
`through the P-TACTS, the above document is being sent on January 16, 2024 by
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`United States Postal Service Priority Mail Express to the United States Patent and
`
`Trademark Office at the following address:
`
`United States Patent and Trademark Office
`Madison Building East, Room 10B20
`600 Dulany Street
`Alexandria, Virginia 22314
`
`The undersigned also hereby certifies that the above document is being e-filed
`
`with the Clerk’s Office for the United States Court of Appeals for the Federal Circuit,
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`along with payment of the required docketing fees.
`
`The undersigned also hereby certifies that the above document was served on
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`January 16, 2024, by filing this document through the PTACTS as well as delivering
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`a copy via electronic mail upon the following attorneys of record for the Petitioner:
`
`Justin J. Oliver
`Leslie A. Lee
`VENABLE LLP
`JOliver@venable.com
`LALee@venable.com
`
`
`
`
`Dated: January 16, 2024
`
`
`
`Matthew Smith
`Elizabeth Laughton
`SMITH BALUCH LLP
`smith@smithbaluch.com
`laughton@smithbaluch.com
`
`
`
`
`
`/s/ Philip X. Wang
`
`Philip X. Wang (Reg. No. 74,621)
`Reza Mirzaie (Reg. No. 69,138)
`Kristopher Davis (Reg. No. 62,063)
`
`
`
`IPR2022-00969
`Patent No. 8,740,550
`Russ August & Kabat
`12424 Wilshire Blvd., 12th Fl.
`Los Angeles, CA 90025
`Phone: (310) 826-7474
`Fax: (310) 826-6991
`pwang@raklaw.com
`rak_ecofactor@raklaw.com
`
`
`
`
`
`
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