UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`SNAP, INC.,
`Petitioner
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`v.
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`BLACKBERRY LIMITED,
`Patent Owner
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`Case No. IPR2019-00715
`Patent No. 8,326,327
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`PATENT OWNER’S NOTICE OF APPEAL
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`SNAP, INC.,
`Petitioner
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`v.
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`BLACKBERRY LIMITED,
`Patent Owner
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`Case No. IPR2019-00715
`Patent No. 8,326,327
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`PATENT OWNER’S NOTICE OF APPEAL
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`Case No.: IPR2019-00715
`Attorney Docket No.: 21828-0041IP1
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`Pursuant to 35 U.S.C. §§ 141(c) and 319, and 37 C.F.R. § 90.2(a), notice is
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`hereby given that Patent Owner Blackberry Limited hereby appeals to the United
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`States Court of Appeals for the Federal Circuit from the Final Written Decision in
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`Case No. IPR2019-00715 entered September 1, 2020 (Paper 37) (“Final Written
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`Decision”) by the Patent Trial and Appeal Board (“the Board”), and from all
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`underlying orders, decisions, rulings, and opinions related thereto and included
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`therein. This appeal is timely under 35 U.S.C. § 142 and Rule 15(a)(1) of the
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`Federal Rules of Appellate Procedure.
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`In accordance with 37 C.F.R. § 90.2(a)(3)(ii), the expected issues on appeal
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`include, but are not necessarily limited to:
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`1.
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`The Board’s decision that claims 1, 3, 8, and 13–15 of U.S. Patent No.
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`8,326,327 (Ex. 1001) were shown to be unpatentable under 35 U.S.C. § 103 as
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`obvious over U.S. Patent Application Publication No. 2008/0250337 by S.
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`Lemmela et al. (Ex. 1005, “Lemmela”) in view of U.S. Patent No. 7,593,740 to D.
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`Crowley and A. Rainert (Ex. 1008, “Crowley”);
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`2.
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`The Board’s decision that claims 10 and 11 were shown to be
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`unpatentable under 35 U.S.C. § 103 as obvious over Lemmela in view of Crowley
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`and in further view of U.S. Patent No. 8,750,906 to D. Winkler et al. (Ex. 1004,
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`“Winkler”);
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`1
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`3.
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`The Board’s decision that claims 9 and 20 were shown to be
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`Case No.: IPR2019-00715
`Attorney Docket No.: 21828-0041IP1
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`unpatentable under 35 U.S.C. § 103 as obvious over Lemmela in view of Crowley
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`and in further view of U.S. Patent Application Publication No. 2011/0199479 by J.
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`Waldman (Ex. 1011, “Waldman”);
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`3.
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`The Board’s construction of the term “action spot” in all claims under
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`review, including the Board’s interpretation of that construction and its application
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`to the prior art;
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`4.
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`The constitutionality of the appointment of the Administrative Patent
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`Judges who presided over this inter partes review;
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`5.
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`6.
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`The Board’s interpretation of the prior art;
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`The Board’s legal errors in undertaking the aforementioned
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`obviousness analysis;
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`7.
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`The Board’s findings that conflict with the evidence of record or are
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`otherwise not supported by substantial evidence;
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`8.
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`The Board’s failure to consider evidence of record fully and properly;
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`and
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`9.
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`All other issues decided adversely to Patent Owner in any orders,
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`decisions, rulings, and opinions underlying or supporting the Final Written
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`Decision.
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`Per 35 U.S.C. § 142 and 37 C.F.R. § 90.2(a)(1), this notice is being filed
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`Case No.: IPR2019-00715
`Attorney Docket No.: 21828-0041IP1
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`with the Director of the U.S. Patent and Trademark Office and a copy is also being
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`filed with the Board. Per Federal Circuit Rule 15(a)(1) and 37 C.F.R. § 90.2(a)(2),
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`Patent Owner is also sending a paper copy of this Notice of Appeal to the Clerk of
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`the U.S. Court of Appeals for the Federal Circuit, and paying the fee set forth in
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`Federal Circuit Rule 42.
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`Date: October 30, 2020
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`Respectfully submitted,
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` /Michael T. Hawkins/
`Michael T. Hawkins, Reg. No. 57,867
`Nicholas Stephens, Reg. No. 74,320
`Fish & Richardson P.C.
`3200 RBC Plaza, 60 South Sixth St.
`Minneapolis, MN 55402
`T: (612) 337-5070
`F: (612) 288-9696
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`Attorneys for Patent Owner
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`3
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`Case No.: IPR2019-00715
`Attorney Docket No.: 21828-0041IP1
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`CERTIFICATE OF SERVICE
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`Pursuant to 37 CFR §42.6(e), the undersigned certifies that on October 30,
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`2020, a complete and entire copy of this Patent Owner’s Notice of Appeal was
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`provided via email to the Petitioners by serving the email correspondence address
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`of record as follows:
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`Yar R. Chaikovsky
`David Okano
`Paul Hastings LLP
`1117 S. California Avenue
`Palo Alto, CA 94304
`Email: Snap-Blackberry-PH-IPR@paulhastings.com
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`Chad Peterman
`Paul Hastings LLP
`200 Park Avenue
`New York, NY 10166
`Email: Snap-Blackberry-PH-IPR@paulhastings.com
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`4
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`/Jessica K. Detko/
`Jessica Detko
`Fish & Richardson P.C.
`3200 RBC Plaza
`60 South Sixth Street
`Minneapolis, MN 55402
`(612) 337-2516
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`I hereby certify that, in addition to being filed electronically through the
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`Case No.: IPR2019-00715
`Attorney Docket No.: 21828-0041IP1
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`Board’s E2E System, the original version of the foregoing Notice of Appeal was
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`filed by hand on October 30, 2020, with the Director of the United States Patent
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`and Trademark Office, at the following address:
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`Director of the United States Patent and Trademark Office
`c/o Office of the General Counsel
`Madison Building East, 1 OB20
`600 Dulany Street
`Alexandria, VA 22314-5793
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`I hereby certify that on October 30, 2020, a true and correct copy of the
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`foregoing Notice of Appeal, along with a copy of the Final Written Decision, was
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`filed electronically with the Clerk’s Office of the United States Court of Appeals
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`for the Federal Circuit, at the following address:
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`United States Court of Appeals for the Federal Circuit
`717 Madison Place, N.W., Suite 401
`Washington, DC 20005
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`Date: October 30, 2020
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` /Michael T. Hawkins/
`Michael T. Hawkins, Reg. No. 57,867
`Attorney for Patent Owner
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`5
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