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`____________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`____________
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`Apple Inc., Google Inc., and Motorola Mobility LLC
`
`Petitioners,
`
`v.
`
`Arendi S.A.R.L.
`
`Patent Owner.
`
`____________
`
`Case No. IPR2014-00208
`
`Patent No. 7,917,843
`____________
`
`Before HOWARD B. BLANKENSHIP, SALLY C. MEDLEY, and TREVOR M.
`JEFFERSON, Administrative Patent Judges.
`
`PATENT OWNER’S NOTICE OF APPEAL
`
`
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`
`
`
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`IPR2014-00208
`Patent No. 7,917,843
`
`
`
`NOTICE OF APPEAL TO THE FEDERAL CIRCUIT
`
`
`
`Notice is hereby given that Patent Owner Arendi S.A.R.L. hereby appeals to the United
`
`States Court of Appeals for the Federal Circuit regarding the Final Written Decision (Paper 33)
`
`dated June 9, 2015 in IPR 2014-00208 before the Patent Trial and Appeal Board.
`
`Pursuant to 37 C.F.R. §90.2(3)(ii), Patent Owner submits that the appeal will address the
`
`decision holding claims 1, 2, 8, 14-17, 20, 21, 23, 24, 30, 36-39, 42 and 43 of U.S. Patent No.
`
`7,917,843 unpatentable, including without limitation, such issues as the Board’s improper use of
`
`the “common sense” doctrine to provide factual evidence for claim limitations not taught in the
`
`prior art. K/S HIMPP v. Hear-Wear Technologies, LLC, 751 F.3d 1362, 1365 (Fed. Cir. 2014)
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`(Board correctly rejected attacker’s effort at using common sense to supply a missing claim
`
`limitation).
`
`A copy of this Notice of Appeal is being filed with the Patent Trial and Appeal Board.
`
`This Notice of Appeal, along with a docketing fee of $500.00 are being served electronically on
`
`the Clerk for the United States Court of Appeals for the Federal Circuit by CM/ECF.
`
` Respectfully submitted,
`
`
`
`
`
`
`
`
` /Robert M. Asher, #30,445/
`
`
`Robert M. Asher
` Registration No. 30,445
` Attorney for Patent Owner
`
`
`
`
`
`
`Sunstein Kann Murphy & Timbers LLP
`125 Summer Street
`Boston, MA 02110-1618
`(617) 443-9292
`
`
`
`2
`
`Date: August 10, 2015
`
`
`
`
`
`
`
`
`
`
`
`
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`
`
`
`
`
`
`
`
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`
`
`
`
`
`
`
`IPR2014-00208
`Patent No. 7,917,843
`
`
`
`CERTIFICATES OF FILING AND SERVICE
`
`
` I hereby certify that, in addition to being filed electronically through the Patent Trial and
`
`Appeal Board’s Patent Review Processing System (PRPS), the original version of the foregoing,
`
`PATENT OWNER’S NOTICE OF APPEAL, was filed by Express Mail on this 10th day of
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`August, 2015, with the Director of the United States Patent and Trademark Office, at the
`
`following address:
`
`Director of the United States Patent and Trademark Office
`c/o Office of the General Counsel
`United States Patent and Trademark Office
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
` The undersigned also hereby certifies that a true and correct copy of the above-captioned
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`PATENT OWNER’S NOTICE OF APPEAL and the filing fee is being filed via the electronic
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`filing system, CM/ECF, with the Clerk’s Office of the United States Court of Appeals for the
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`Federal Circuit on August 10, 2015 and three (3) true and correct copies of the foregoing were
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`filed by Express Mail on this 10th day of August, 2015 with the Clerk’s Office of the United
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`States Court of Appeals for the Federal Circuit, at the following address:
`
`United States Court of Appeals for the Federal Circuit
`717 Madison Place, N.W., Suite 401
`Washington, DC 20439
`
`It is certified that on August 10, 2015, copies of the PATENT OWNER’S NOTICE OF
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`
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`APPEAL have been served on Petitioners as provided in 37 C.F.R. § 42.6(e) via electronic mail
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`transmission addressed to the persons at the following addresses:
`
`3
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`
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`IPR2014-00208
`Patent No. 7,917,843
`
`LEAD COUNSEL FOR PETITIONER
`APPLE
`
`DAVID L. FEHRMAN
`dfehrman@mofo.com
`Registration No. 28,600
`MORRISON & FOERSTER LLP
`707 Wilshire Blvd., Suite 6000
`Los Angeles, CA 90017-3543
`Tel: (213) 892-5200
`Fax: (213) 892-5454
`
`LEAD COUNSEL FOR
`PETITIONERS MOTOROLA
`MOBILITY, LLC and GOOGLE, INC.
`
`MATTHEW A. SMITH
`smith@turnerboyd.com
`Registration No. 49,003
`TURNER BOYD LLP
`2570 W. El Camino Real, Suite 380
`Mountain View, CA 94040
`Tel: (650) 265-6109
`Fax: (650) 521-5931
`
`
`BACK-UP COUNSEL FOR
`PETITIONER APPLE
`
`MEHRAN ARJOMAND
`marjomand@mofo.com
`Registration No. 48,231
`MORRISON & FOERSTER LLP
`707 Wilshire Blvd., Suite 6000
`Los Angeles, CA 90017-3543
`Tel: (213) 892-5200
`Fax: (213) 892-5454
`
`BACK-UP COUNSEL FOR
`PETITIONERS MOTOROLA
`MOBILITY, LLC and GOOGLE, INC.
`
`ZHUANJIA GU
`gu@turnerboyd.com
`Registration No. 51,758
`
`JULIE S. TURNER
`turner@turnerboyd.com
`TURNER BOYD LLP
`2570 W. El Camino Real, Suite 380
`Mountain View, CA 94040
`Tel: (650) 265-6109
`Fax: (650) 521-5931
`and
`kent@turnerboyd.com
`docketing@turnerboyd.com
`
`
`
`
`
`Date: August 10, 2015
`
` /Robert M. Asher, #30,445/
`
`
`
`
`
`
`
`
`
`
`
`
`
` Robert M. Asher
`
`Registration No. 30,445
`Sunstein Kann Murphy & Timbers LLP
`125 Summer Street
`Boston, MA 02110
`Tel: (617) 443-9292
`Fax: (617) 443-0004
`
`4
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