`Filed: October 31, 2017
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`NXP SEMICONDUCTORS USA, INC. and FREESCALE SEMICONDUCTOR,
`INC. /dba/ NXP SEMICONDUCTORS
`Petitioners,
`
`V.
`
`INSIDE SECURE and NFC TECHNOLOGY, LLC,
`Patent Owner.
`
`Case IPR2016-00681
`
`Patent 7,098,770
`
`PATENT OWNER’S NOTICE OF APPEAL
`
`
`
`
`
`Case No. IPR2016-00681
`
`US. Patent No. 7,098,770
`
`Pursuant to 35 U.S.C. §§ 141(0) and 319 and 37 C.F.R. § 90.2(a), Patent
`
`Owner hereby provides notice that it appeals to the United States Court of Appeals
`
`- for the Federal Circuit from the Final Written Decision entered August 30, 2017,
`
`(Paper29) and from all underlying orders, decisions, rulings, and opinions
`
`regarding US. Patent 7,098,770 (“the ’770 patent”) set forth in Inter Partes
`
`Review IPR2016-0068 1.
`In accordance with 37 C.F.R. l§ 90.2(a)(3)(ii), the issues on appeal include,
`
`'but are not limited to:
`
`o
`
`the Board’s claim construction analysis and determinations, in
`
`particular and without limitation, the Board’s construction of the
`
`following claim elements: “antenna circuit” and “load modulation
`
`signal;”
`
`0
`
`the Board’s determination that claims 1—3, 6—8, and .11 of the ’770
`
`patent are unpatentable under 35 U.S.C. § 103 over Gunnarsson and
`
`RH-E, as well as over Gunnarsson and RH—G;
`
`o
`
`the Board’s determination that claims 10, 28—3 1, 34, and 35 of the
`
`’770 patent are unpatentable under 35 U.S.C. § 103 over Gunnarsson,
`
`RH—E, and Bashan, as well as over Gunnarsson, RHfG, and Bashan;
`
`and
`
`
`
`Case No. lPR2016-00681
`
`US. Patent No. 7,098,770
`
`0
`
`all other issues decided adversely to Patent Owner in any order,
`
`decision, ruling or opinion underlying or supporting the Final Written
`
`Decision.
`
`Pursuant to 35 U.S.C. § 142 and 37 CPR. § 90.2(a), this Notice is being
`
`filed with the Director of the United States Patent and Trademark Office, and a
`
`copy of this Notice is being concurrently filed with the Patent Trial and Appeal
`
`Board. In addition, a copy of this Notice and the required docketing fees are being
`
`filed with the Clerk’s Office for the United States Court of Appeals for the Federal
`
`Circuit via CM/ECF.
`
`Dated: October 31, 2017
`
`Respectfully submitted,
`
`By: /Daniel C. Tucker/
`Frank A. De Costa, III, Lead Counsel
`Registration No. 41,705
`Guang-Yu Zhu, Back-up Counsel
`Registration No. 66,250
`Finnegan, Henderson, Farabow,
`Garrett & Dunner, L.L.P.
`
`901 New York Avenue, NW
`Washington, DC 20001-413
`
`Daniel C. Tucker, Back-up Counsel
`Registration No. 62,781
`Finnegan, Henderson, Farabow,
`Garrett & Dunner, L.L.P.
`11955 Freedom Drive
`
`Reston, VA 20190
`Tel: 571-203-2754
`
`Fax: 202-408-4400
`
`Counsel for Patent Owner
`
`
`
`Case No. IPR2016-00681
`
`US. Patent No. 7,098,770
`
`CERTIFICATE OF SERVICE AND FILING
`
`I hereby certify that on this 31St day of October, 2017, in addition to being
`
`filed and served electronically through the Board’s EZE System, a true and correct
`
`copy of the foregoing “PATENT OWNER’S NOTICE OF APPEAL,” was
`
`served on the Director of the United States Patent and Trademark OffiCe, via hand
`
`delivery at the following address:
`
`Director of the United States Patent and Trademark Office
`
`c/o Office of the General Counsel, 10B20
`
`Madison Building East
`600 Dulany Street
`_
`Alexandria, Virginia 22313-1450
`
`I also hereby certify that on this 31St day of October, 2017, a true and correct
`
`copy of the foregoing “PATENT OWNER’S NOTICE OF APPEAL,” and the
`
`filing fee, were filed with the Clerk’s Office of the United States Court of Appeals for
`
`the Federal Circuit, via CM/ECF.
`
`I also hereby certify that on this 31St day of October, a true and correct copy
`
`of the foregoing “PATENT OWNER’S NOTICE OF APPEAL,” was served, by
`
`electronic mail upon the following:
`
`
`
`Case No. IPR2016-00681
`
`US. Patent No. 7,098,770
`
`‘
`
`Mark D. Rowland (Lead Counsel)
`mark.rowland@ropesgray.com
`
`Gabrielle E. Higgins (Back-up Counsel)
`gabrielle.higgins@ropesgray.com
`
`James L. Davis (Back-up Counsel)
`james.l.daVis@ropesgray.com
`
`NXP/NFCT/PTABService@ropesgray.com
`
`Dated: October 31, 2017
`
`By: /Lauren K Young/
`Lauren K. Young
`Litigation Legal Assistant
`FINNEGAN, HENDERSON, FARABow,
`GARRETT & DUNNER, L.L.P.
`
`
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