UNITED STATES PATENT AND TRADEMARK OFFICE
`
`____________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`____________________
`
`SAMSUNG ELECTRONICS CO., LTD., SAMSUNG ELECTRONICS
`AMERICA, INC., and APPLE INC.,
`Petitioner,
`
`v.
`
`SMART MOBILE TECHNOLOGIES LLC,
`Patent Owner.
`
`____________________
`
`Case IPR2022-01004
`U.S. Patent No. 9,614,943 B1
`
`____________________
`
`PETITIONER SAMSUNG ELECTRONICS CO., LTD.’S
`
`NOTICE OF APPEAL
`
`
`
`
`
`
`
`
`____________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`____________________
`
`SAMSUNG ELECTRONICS CO., LTD., SAMSUNG ELECTRONICS
`AMERICA, INC., and APPLE INC.,
`Petitioner,
`
`v.
`
`SMART MOBILE TECHNOLOGIES LLC,
`Patent Owner.
`
`____________________
`
`Case IPR2022-01004
`U.S. Patent No. 9,614,943 B1
`
`____________________
`
`PETITIONER SAMSUNG ELECTRONICS CO., LTD.’S
`
`NOTICE OF APPEAL
`
`
`
`
`
`
`
`
`Samsung’s Notice of Appeal
`IPR2022-01004 (U.S. Patent No. 9,614,943)
`Pursuant to 35 U.S.C. §§ 141(c) and 319 and 37 C.F.R. § 90.2(a), Petitioner
`
`Samsung Electronics Co., Ltd. submits this notice of its appeal to the United States
`
`Court of Appeals for the Federal Circuit from the Final Written Decision in Case
`
`No. IPR2022-01004, concerning U.S. Patent No. 9,614,943 (“the ’943 patent”),
`
`entered December 4, 2023 (Paper 40) (“Final Written Decision”) by the Patent
`
`Trial and Appeal Board; the Order denying Director Review, entered January 30,
`
`2024 (Paper 42); and from all underlying orders, decisions, rulings, and opinions
`
`related thereto and included in the foregoing.1 This appeal is timely under 35
`
`U.S.C. § 142, 37 C.F.R. § 90.3, Sections 3.B and 5.C.i of the United States Patent
`
`and Trademark Office’s Revised Interim Director Review Process, Federal Rule of
`
`Appellate Procedure 15(a)(1), and Federal Circuit Rule 15(a)(1).
`
`For the limited purpose of providing the Director with the information
`
`required by 37 C.F.R. § 90.2(a)(3)(ii) and Federal Rule of Appellate Procedure
`
`15(a)(2)(C), the expected issues on appeal include:
`
`
`1 The Final Written Decision and the caption used in proceedings at the Board
`
`identify the “Petitioner” as including Samsung Electronics America, Inc.
`
`However, the Petition for inter partes review identified Samsung Electronics
`
`America, Inc. only as a real party in interest, not as a “Petitioner.”
`
`1
`
`
`
`Samsung’s Notice of Appeal
`IPR2022-01004 (U.S. Patent No. 9,614,943)
`(1) The Board’s application of a legally incorrect, overly-rigid standard in
`
`analyzing whether a person of ordinary skill in the art would have been
`
`motivated to combine the Raleigh, Byrne, Pillekamp, WO748, and/or
`
`Billström references with a reasonable expectation of success;
`
`(2) The Board’s failure to consider the ’943 patent’s lack of disclosure
`
`concerning the features allegedly beyond the skill of a person of ordinary
`
`skill in the art;
`
`(3) The Board’s decision that Petitioners did not show claims 2–4 and 15–20
`
`of the ’943 patent are unpatentable, and any finding supporting that
`
`determination;
`
`(4) The Board’s interpretation of the prior art;
`
`(5) The Board’s legal errors in undertaking its obviousness analysis,
`
`including any implicit claim constructions that the Board applied;
`
`(6) The Board’s findings that conflict with the evidence of record or are
`
`otherwise not supported by substantial evidence;
`
`(7) The Board’s failure to consider arguments and evidence of record fully
`
`and properly;
`
`(8) The Board’s reliance on conclusory and insufficient expert testimony;
`
`(9) The Director’s decision not to review the Board’s foregoing errors; and
`
`2
`
`
`
`Samsung’s Notice of Appeal
`IPR2022-01004 (U.S. Patent No. 9,614,943)
`(10) All other issues decided adversely to Petitioners in any orders, decisions,
`
`rulings, and opinions underlying or supporting the Final Written Decision
`
`and/or the Order denying Director Review.
`
`Per 35 U.S.C. § 142 and 37 C.F.R. § 90.2(a)(1), this notice is being filed
`
`with the Director of the U.S. Patent and Trademark Office, and a copy is also being
`
`filed with the Board. Per Federal Circuit Rule 15(a)(1) and 37 C.F.R. 90.2(a)(2),
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`Samsung is also electronically filing this notice with the Clerk of the U.S. Court of
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`Appeals for the Federal Circuit and paying the fee set forth in Federal Circuit Rule
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`52.
`
`
`Dated: April 2, 2024
`
`
`
`
`
`Respectfully submitted,
`
`/W. Karl Renner/
`W. Karl Renner, Reg. No. 41,265
`Jeremy J. Monaldo, Reg. No. 58,680
`
`
`
`Attorneys for Petitioner Samsung
`Electronics Co., Ltd.
`
`3
`
`
`
`Samsung’s Notice of Appeal
`IPR2022-01004 (U.S. Patent No. 9,614,943)
`CERTIFICATE OF SERVICE
`Pursuant to 37 CFR §§ 42.6(e)(1), the undersigned certifies that on April 2,
`
`2024, a complete and entire copy of this Petitioner Samsung Electronics Co., Ltd.’s
`
`Notice of Appeal was provided by email to the Patent Owner by serving the email
`
`correspondence addresses of record as follows:
`
`
`
`
`
`
`
`Rex Hwang
`Todd Martin
`Steve Udick
`SKIERMONT DERBY LLP
`633 West 5th Street, Suite 5800
`Los Angeles, CA 90071
`
`Philip J. Graves
`Greer N. Shaw
`GRAVES & SHAW LLP
`355 S. Grand Ave., Suite 2450
`Los Angeles, CA 90071
`
`Email: rhwang@skiermontderby.com
`tmartin@skiermontderby.com
`sudick@skiermontderby.com
`pgraves@gravesshaw.com
`gshaw@gravesshaw.com
`
`
`
`4
`
`
`
`Samsung’s Notice of Appeal
`IPR2022-01004 (U.S. Patent No. 9,614,943)
`Pursuant to 37 C.F.R. §§ 90.2(a)(1), I hereby certify that in addition to being
`
`filed electronically through the Board’s P-TACTS System, this Petitioner Samsung
`
`Electronics Co., Ltd.’s Notice of Appeal is being provided to the Director of the
`
`USPTO on April 2, 2024, by electronically filing to the email address as follows:
`
`Director of the United States Patent and Trademark Office
`c/o Office of the General Counsel
`efileSO@uspto.gov
`
`I hereby certify that on April 2, 2024, a true and correct a copy of the foregoing
`
`Petitioner Samsung Electronics Co., Ltd’s Notice of Appeal, along with a copy of
`
`the Final Written Decision and a cover sheet indicating the correct parties to the
`
`appeal, was filed electronically with the Clerk’s Office of the United States Court of
`
`Appeals for the Federal Circuit, at the following address:
`
`United States Court of Appeals for the Federal Circuit
`717 Madison Place, N.W., Suite 401
`Washington, DC 20005
`
`Respectfully submitted,
`
`
`Dated: April 2, 2024
`
`/W. Karl Renner/
`W. Karl Renner, Reg. No. 41,265
`Jeremy J. Monaldo, Reg. No. 58,680
`
`
`
`Attorneys for Petitioner Samsung
`Electronics Co., Ltd.
`
`5
`
`
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