`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`APPLE,INC.,
`Petitioners,
`
`V.
`
`DSS TECHNOLOGY MANAGEMENT,INC.,
`Patent Owner.
`
`Case: IPR2015-00369
`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
`
`
`
`IPR2015-00369
`US. 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 40), 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 1-4 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 ofU.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 obviousness analysis; (ii) the Board’s reliance on
`
`Petitioner’s arguments notoriginally presented in the Petition for IPR; and (iv) any
`
`findings or determinationsrelating to the aforementioned issues as well asall other
`
`issues decided adversely to Patent Owner in any orders, decisions, ruling, or
`
`opinions.
`
`
`
`IPR2015-00369
`USS. 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,
`
` Andfiy Lyfvyn
`
`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
`USPTO Reg. 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
`
`IPR2015-00369
`U.S. 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 of the 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 undersignedalso 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 beingfiled by Express
`
`Mail (Express Mail Label No. EF 127059926 US)with the Clerk’s Office of the 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 y
`
`Registration No. 65,166
`Lead Counsel for Patent Owner
`
`
`
`CERTIFICATE OF SERVICE
`
`IPR2015-00369
`USS. 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 Counselfor Petitioner
`mrygiel-PTAB@skgf.com
`
`Robert Sterne, Back-Up Counsel for Petitioner
`rsterne-PTAB@skgf.com
`
`Jason Fitzsimmons, Back-Up Counselfor Petitioner
`jfitzsimmons-PTAB@skgf.com
`
`Date: August 18, 2016
`
`Registration No. 65,166
`Lead Counsel for Patent Owner
`
`SMITH & HOPEN,P.A.
`180 Pine Avenue North
`Oldsmar, FL 34677
`(813) 925-8505
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
