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