`UNITED STATES PATENT AND TRADEMARK OFFICE
`________________________
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`________________________
`GARMIN INTERNATIONAL, INC., GARMIN USA, INC., AND
`GARMIN LTD.,
`Petitioners,
`
`v.
`
`AIRE TECHNOLOGY LIMITED,
`Patent Owner
`________________________
`Case IPR2023-00188
`Patent No. 8,581,706 B2
`________________________
`Before MIRIAM L. QUINN, JEFFREY S. SMITH, and
`BRIAN J. McNAMARA, Administrative Patent Judges.
`
`
`
`PATENT OWNER’S NOTICE OF APPEAL
`
`
`
`
`via Priority Mail Express
`Office of the General Counsel
`United States Patent and Trademark Office
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`via CM/ECF
`United States Court of Appeals for the Federal Circuit
`
`via P-TACTS
`Patent Trial and Appeal Board
`
`
`
`
`
`
`
`IPR2023-00188
`Patent No. 8,581,706 B2
`Notice is hereby given, pursuant to 35 U.S.C. §§ 141(c), 142, and 319; 37
`
`C.F.R. §§ 90.2(a) and 90.3(a); Federal Rule of Appellate Procedure 15; and Federal
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`Circuit Rule 15, that Patent Owner Aire Technology Limited (“Aire”) appeals to the
`
`United States Court of Appeals for the Federal Circuit from the Final Written
`
`Decision entered on December 15, 2023 (Paper 9) (the “Final Written Decision”),
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`and from all underlying orders, decisions, rulings and opinions. The Final Written
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`Decision is identical to the Final Written Decision filed in IPR2022-01137, which
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`Petitioners joined, and is attached hereto as Attachment A. The Board’s May 3,
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`2023 Decision Granting Institution of Inter Partes Review and Motion for Joinder,
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`entered on May 3, 2023 (Paper 7) is attached hereto as Attachment B.
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`In accordance with 37 C.F.R. § 90.2(a)(3)(ii), Aire further indicates that the
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`issues on appeal include, but are not limited to, the Patent Trial and Appeal Board’s
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`claim construction, determination of unpatentability of claims 1-3, 11, 12, 16, 18,
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`and 20 of U.S. Patent No. 8,581,706, denial of Patent Owner’s contingent motion to
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`amend and substitute claims 23-26, and any finding or determination supporting or
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`related to those issues, as well as all other issues decided adversely to Aire in any
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`orders, decisions, rulings, and opinions.
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`Simultaneous with this submission, a copy of this Notice of Appeal is being
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`filed with the Patent Trial and Appeal Board and the Clerk’s Office for the United
`
`States Court of Appeals for the Federal Circuit.
`
`
`
`IPR2023-00188
`Patent No. 8,581,706 B2
`Respectfully submitted,
`
`
`Dated: February 1, 2024
`
`
`
`/s/ Brett Cooper
`
`
`
`
`
`
`
`Brett Cooper (Reg. No. 55,085)
`Lead counsel for Patent Owner
`
`
`
`IPR2023-00188
`Patent No. 8,581,706 B2
`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies that, in addition to being electronically filed
`
`through the Patent Trial and Appeal Case Tracking System, a true and correct copy
`
`of the foregoing Patent Owner’s Notice of Appeal was served by Priority Mail
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`Express on the Director of the United States Patent and Trademark Office on
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`February 1, 2024, at the following address:
`
`Office of the General Counsel
`United States Patent and Trademark Office
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`The undersigned also certifies that a true and correct copy of the foregoing
`
`Patent Owner’s Notice of Appeal and the filing fee is being filed via the electronic
`
`filing system, CM/ECF, with the Clerk’s Office of the U.S. Court of Appeals for the
`
`Federal Circuit on February 1, 2024.
`
`
`Date: February 1, 2024
`
`BC Law Group, P.C.
`200 Madison Avenue, 24th Floor
`New York, NY 10016
`(212) 951-0100
`
` /s/ Brett Cooper
`
`
`
`
`
`Brett Cooper
`Reg. No. 55,085
`Attorney for Patent Owner
`
`
`
`
`
`IPR2023-00188
`Patent No. 8,581,706 B2
`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies that the foregoing Patent Owner’s Notice of
`
`Appeal was served on February 1, 2024, by filing this document through the Patent
`
`Trial and Appeal Case Tracking System as well as delivering a copy via electronic
`
`mail upon the following attorneys of record for the Petitioners:
`
`Ryan J. Schletzbaum
`Registration No. 70,850
`rschletzbaum@shb.com
`Phone: (816) 559-2693
`Jason R. Mudd
`Registration No. 57,700
`jmudd@shb.com
`Phone: (303) 592-2437
`SHOOK, HARDY & BACON, LLP
`2555 Grand Boulevard
`Kansas City, Missouri 64108
`
` /s/ Brett Cooper
`
`
`
`
`
`Brett Cooper
`Reg. No. 55,085
`Attorney for Patent Owner
`
`
`
`
`Date: February 1, 2024
`
`BC Law Group, P.C.
`200 Madison Avenue, 24th Floor
`New York, NY 10016
`(212) 951-0100
`
`
`
`