`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`APPLE,INC.,
`Petitioners,
`
`V.
`
`DSS TECHNOLOGY MANAGEMENT,INC.,
`Patent Owner.
`
`Case: IPR2015-003 73
`U.S. Patent No. 6,128,290
`
`PATENT OWNER’S NOTICE OF APPEAL
`
`via PTAB E2E
`Patent Trial and Appeal Board
`
`via Express Mail
`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 Express Mail
`Clerk of Court
`United States Court of Appeals for the Federal Circuit
`717 Madison Place NW
`Washington, DC 20439
`
`
`
`IPR2015-00373
`U.S. Patent No. 6,128,290
`
`Patent Owner DSS Technology Management, Inc. (“Patent Owner”), hereby
`
`timely gives notice, pursuant to 37 C.F.R. § 90.2(a), 90.3(a), 35 U.S.C. §§ 141(c),
`
`142, and 319, Federal Rule of Appellate Procedure 15(a), and Federal Circuit Rule
`
`15(a)(1), of its appeal to the United States Court of Appeals for the Federal Circuit.
`
`Patent Owner appeals the Patent Trial and Appeal Board’s (“the Board’s”) Final
`
`Written Decision entered on June 17, 2016 (Paper 39), in the above-captioned Inter
`
`Partes Review (“IPR”) of U.S. Patent No. 6,128,290 (“the ‘290 Patent”), and all
`
`underlying orders, decisions, rulings, and opinions.
`
`In accordance with 37 C.F.R. § 90.2(a)(3)(ii), Patent Owner states that the
`
`issues on appeal include, without limitation, the following: (i) the Board’s finding
`
`that claims 9-10 of the ‘290 Patent are unpatentable as obvious under 35 U.S.C. §
`
`103 over U.S. Patent No. 5,241,542 (“Natarajan”) in view of U.S. Patent No.
`
`4,887,266 (“Neve”); (ii) the Board’s construction of the claims of the ‘290 Patent and
`
`application thereof; the Board’s obviousnessanalysis; (ii) the Board’s reliance on
`
`Petitioner’s arguments notoriginally presentedin the Petition for IPR; and (iv) any
`
`findings or determinations relating to the aforementioned issues as well as all other
`
`issues decided adversely to Patent Owner in any orders, decisions, ruling, or
`
`opinions.
`
`
`
`IPR2015-00373
`U.S. Pat. No. 6,128,290
`Simultaneous with this submission, Patent Owneris filing a true and correct
`
`copy of this Notice of Appeal with the Director of the U.S. Patent and Trademark
`
`Office and filing the same, along with the required docketing fees, with the Clerk of
`
`the U.S. Court of Appeals for the Federal Circuit as set forth in the accompanying
`
`Certificate of Filing.
`
`Date: August 18, 2016
`
`Respectfully
`
`submitted,
`
` Ve
`Andriy Lytvyn
`Lead Counsel for Patent Owner
`USPTO Reg. No. 65,166
`
`Anton J. Hopen
`Back-up Counsel for Patent Owner
`USPTO Reg. No.41,849
`
`Nicholas Pfeifer
`Back-up Counsel for Patent Owner
`USPTOReg. No. 70,568
`
`SMITH & HOPEN,P.A.
`Pine Avenue North
`Oldsmar, FL 34677
`Tel: 813-925-8505
`Fax: 800-726-1491
`Email: ipr@smithhopen.com
`
`
`
`CERTIFICATE OF FILING
`
`IPR2015-00373
`USS. Pat. No. 6,128,290
`
`The undersigned herebycertifies that, in addition to being electronically filed
`
`via the Patent Trial and Appeal Board End to End (PTAB E2E) system, a true and
`
`correct copy ofthe above-captioned PATENT OWNER’S NOTICE OF APPEAL is
`
`being filed by Express Mail (Express Mail Label No. EF 127059890 US) with the
`
`Director of the U.S. Patent and Trademark Office on August 18, 2016, 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 herebycertifies that, in addition to being electronically
`
`filed via the electronic filing system, CM/ECF,a true and correct copy of the above-
`
`captioned PATENT OWNER’S NOTICE OF APPEALisalso being filed by Express
`
`Mail (Express Mail Label No. EF 127059926 US) with the Clerk’s Officeofthe U.S.
`
`Court of Appeals for the Federal Circuit on April 18, 2016, at the following address:
`
`Clerk of Court
`United States Court of Appeals for the Federal Circuit
`717 Madison Place NW
`
`Washington, DC 20439 Date: August 18, 2016
`
`Andri¥ Lytvyn
`Registration No. 65,166
`Lead Counsel for Patent Owner
`
`
`
`CERTIFICATE OF SERVICE
`
`IPR2015-00373
`U.S. Pat. No. 6,128,290
`
`The undersigned herebycertifies that, in accordance with 37 C.F.R.§
`
`42.6(e), the above PATENT OWNER’S NOTICE OF APPEALwasserved via
`
`electronic mail on August 18, 2016 in its entirety upon the following:
`
`David K.S. Cornwell, Lead Counsel for Petitioner
`davidc-PTAB@skgf.com
`
`Mark W. Rygiel, Back-Up Counsel for Petitioner
`mrygiel-PTAB@skgf.com
`
`Robert Sterne, Back-Up Counsel for Petitioner
`rsterne-PTAB@skgf.com
`
`Jason Fitzsimmons, Back-Up Counsel for Petitioner
`jfitzsimmons-PTAB@skgf.com
`
`Date: August 18, 2016
`
`7
`
`7
`fp,
`Andriy Lytvyn
`Registration No. 65,166
`Lead Counsel for Patent Owner
`
`SMITH & HOPEN,P.A.
`180 Pine Avenue North
`Oldsmar, FL 34677
`(813) 925-8505
`
`
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