`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`APPLE INC.
`
`Petitioner
`
`Patent Owner
`
`V.
`
`COREPHOTONICS, LTD.,
`
`Case IPR2018-01140
`
`US. Patent No. 9,402,032
`
`PATENT OWNER’S NOTICE OF APPEAL
`
`Office of the General Counsel
`
`United States Patent and Trademark Office
`PO. Box 1450
`
`Alexandria, VA 22313-1450
`
`Submitted Electronically via the PTAB EZE System
`
`
`
`Pursuant to 35 U.S_.C. §§ 141, 142, and 319, and in accordance with 37 CPR.
`
`§§ 90.2-90.3, Patent Owner Corephotonics, Ltd. (“Corephotonics”) appeals to the
`
`United States Court of Appeals for the Federal Circuit fi'om the Final Written Deci-
`
`sion of the Patent Trial and Appeal Board (“Board”) entered on December 3, 2019,
`
`in IPR2018—01140 (Paper No. 3 7) (“Final Written Decision”), and from all underly-
`
`ing findings, determinations, rulings, opinions, orders, and decisions regarding the
`
`inter partes review of US. Patent No. 9,402,032 (the “’032 patent”).
`
`In accordance with 37 CPR. § 90.2(a)(3)(ii), Corephotonics states that the
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`issues on appeal may include, but are not limited to: the Board’s determination that
`
`claims 1 and 13—15 of the ’032 patent have been shown to be unpatentable; whether
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`the statute and regulations under which the Board made its determination violate the
`
`Appointments Clause or other provisions of the United States Constitution; the
`
`Board’s consideration of the expert testimony, prior art, and other evidence in the
`
`record; and the Board’s factual findings, conclusions of law, or other determinations
`
`supporting or related to those issues, as well as all other issues decided adversely to
`
`Corephotonics in any orders, decisions, rulings, and opinions,
`
`This Notice of Appeal is being filed with the Clerk’s Office for the United
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`States Court of Appeals for the Federal Circuit, along with payment of the required
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`docketing fees. In addition, a copy of this Notice of Appeal is being filed simultane-
`
`ously with the Patent Trial and Appeal Board.
`
`
`
`Respectfully submitted,
`Dated: January 31, 2020
`
`/,
`
`@V/fl W
`
`r
`
`Neil A. Rubin
`
`Reg. No. 67,030
`Reza Mirzaie
`
`Reg. No. 69,138
`Marc Fenster
`
`Pro Hac Vice
`
`Russ August & Kabat
`12424 Wilshire Blvd., 12th Fl.
`Los Angeles, CA 90025
`Phone: (310) 826-7474
`Fax: (310) 826-6991
`rmirzaie@raklaw.com
`nrubin@raklaw.com
`mfenster@raklaw.com
`corephotonics@raklaw.com
`
`
`
`CERTIFICA I E OF SER! [CE 137 C.F.R. § 42.6“]! 1 M
`
`The undersigned hereby certifies that the above document was served on January 31,
`
`2020, by filing this document through the Patent Trial and Appeal Board End-to—End
`
`System as well as delivering a copy via electronic mail upon the following attorneys
`
`of record for the Petitioner:
`
`Michael S. Parsons
`
`Andrew S. Ehmke
`
`Jordan Maucotel
`
`David W. O’Brien
`
`Jamie H. McDole
`
`HAYNES AND BOONE, LLP
`michael.parsons.ipr@haynesboone.com
`andy.ehmke.ipr@haynesboone.com
`jordan.maucotel.ipr@haynesboone.com
`david.obrien.ipr@haynesboone.com
`jamie.mcdole@haynesboone.com
`
`A copy of this Notice of Appeal was also sent on January 31, 2020 by Priority Mail
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`Express to the United States Patent and Trademark Office at the following address:
`
`Office of the General Counsel
`
`United States Patent and Trademark Office
`
`PO. Box 1450
`
`Alexandria, VA 22313-1450
`
`A copy of this Notice of Appeal was also sent on January 31, 2020 by Priority Mail
`
`Express to the Clerk of Court of the Federal Circuit at the following address:
`
`Clerk of Court
`
`US. Court of Appeals for the Federal Circuit
`717 Madison Place, NW.
`Washington, DC 20439
`
`WA fies!
`Neil A. Rubin (Reg. No. 67,030)
`
`
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