UNITED STATES PATENT AND TRADEMARK OFFICE
`
`____________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`____________________
`
`SAMSUNG ELECTRONICS CO., LTD.,
`SAMSUNG ELECTRONICS AMERICA, INC., and APPLE INC.,
`Petitioners,
`
`v.
`
`SMART MOBILE TECHNOLOGIES LLC,
`Patent Owner.
`
`____________________
`
`Case IPR2022-01249
`U.S. Patent No. 9,019,946 B1
`
`____________________
`
`PETITIONER SAMSUNG’S NOTICE OF APPEAL
`
`
`
`
`
`
`
`
`____________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`____________________
`
`SAMSUNG ELECTRONICS CO., LTD.,
`SAMSUNG ELECTRONICS AMERICA, INC., and APPLE INC.,
`Petitioners,
`
`v.
`
`SMART MOBILE TECHNOLOGIES LLC,
`Patent Owner.
`
`____________________
`
`Case IPR2022-01249
`U.S. Patent No. 9,019,946 B1
`
`____________________
`
`PETITIONER SAMSUNG’S NOTICE OF APPEAL
`
`
`
`
`
`
`
`
`Samsung Petitioners’ Notice of Appeal
`IPR2022-01249 (U.S. Patent No. 9,019,946)
`Pursuant to 35 U.S.C. §§ 141(c) and 319 and 37 C.F.R. § 90.2(a), Petitioners
`
`Samsung Electronics Co., Ltd. and Samsung Electronics America, Inc., submit this
`
`notice of their appeal to the United States Court of Appeals for the Federal Circuit
`
`from the Final Written Decision in Case No. IPR2022-01249, concerning U.S.
`
`Patent No. 9,019,946 (“the ’946 patent”), entered January 23, 2024 (Paper 53)
`
`(“Final Written Decision”)1 by the Patent Trial and Appeal Board, and from all
`
`underlying orders, decisions, rulings, and opinions related thereto and included
`
`therein. This appeal is timely under 35 U.S.C. § 142, 37 C.F.R. § 90.3, 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 Board’s interpretation of the term “multiplex[]” and its application of
`
`that interpretation to the prior art;
`
`
`1 On February 13, 2024, the Board issued errata (Paper 54) “to address the
`
`erroneous inclusion of claim 26 as not being shown to be unpatentable.” The
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`Samsung Petitioners agree with the corrections made in the errata, which are not
`
`relevant to the Samsung Petitioners’ appeal concerning other claims of the ’946
`
`patent.
`
`1
`
`
`
`Samsung Petitioners’ Notice of Appeal
`IPR2022-01249 (U.S. Patent No. 9,019,946)
`(2) The Board’s legal errors in analyzing whether the Yegoshin and Bernard
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`references render multiplexing signals, as claimed, obvious to a person of
`
`ordinary skill in the art;
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`(3) The Board’s decision that Petitioners did not show claims 1–13 and 16 of
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`the ’946 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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`and
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`(9) All other issues decided adversely to Petitioners in any orders, decisions,
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`rulings, and opinions underlying or supporting the Final Written
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`Decision.
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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
`
`2
`
`
`
`Samsung Petitioners’ Notice of Appeal
`IPR2022-01249 (U.S. Patent No. 9,019,946)
`filed with the Board. Per Federal Circuit Rule 15(a)(1) and 37 C.F.R. 90.2(a)(2),
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`Petitioners are also electronically filing this notice with the Clerk of the U.S. Court
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`of Appeals for the Federal Circuit and paying the fee set forth in Federal Circuit
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`Rule 52.
`
`
`Dated: March 26, 2024
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`
`
`
`
`Respectfully submitted,
`
`/W. Karl Renner/
`W. Karl Renner, Reg. No. 41,265
`Jeremy J. Monaldo, Reg. No. 58,680
`
`
`
`Attorneys for Petitioners
`
`3
`
`
`
`Samsung Petitioners’ Notice of Appeal
`IPR2022-01249 (U.S. Patent No. 9,019,946)
`CERTIFICATE OF SERVICE
`Pursuant to 37 CFR §§ 42.6(e)(1), the undersigned certifies that on March 26,
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`2024, a complete and entire copy of this Petitioner Samsung’s Notice of Appeal was
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`provided by email to the Patent Owner by serving the email correspondence
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`addresses of record as follows:
`
`Rex Hwang
`Todd Martin
`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
`pgraves@gravesshaw.com
`gshaw@gravesshaw.com
`
`
`
`
`
`
`
`
`
`4
`
`
`
`Samsung Petitioners’ Notice of Appeal
`IPR2022-01249 (U.S. Patent No. 9,019,946)
`Pursuant to 37 C.F.R. §§ 90.2(a)(1) and 104.2, I hereby certify that in addition
`
`to being filed electronically through the Board’s P-TACTS System, the original
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`version of the foregoing Petitioner Samsung’s Notice of Appeal was filed by hand
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`on March 26, 2024, with the Director of the United States Patent and Trademark
`
`Office, at the following address:
`
`Director of the United States Patent and Trademark Office
`c/o Office of the General Counsel
`Madison Building East, 10B20
`600 Dulany Street
`Alexandria, VA 22314-5793
`
`I hereby certify that on March 26, 2024, a true and correct copy of the
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`foregoing Petitioner Samsung’s Notice of Appeal, along with a copy of the Final
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`Written Decision, was filed electronically with the Clerk’s Office of the United
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`States Court of 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,
`
`
`Dated: March 26, 2024
`
`
`
`/W. Karl Renner/
`W. Karl Renner, Reg. No. 41,265
`Jeremy J. Monaldo, Reg. No. 58,680
`
`
`
`Attorneys for Samsung
`
`5
`
`
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