`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`SAMSUNG ELECTRONICS CO., LTD., SAMSUNG ELECTRONICS
`AMERICA, INC.,
`Petitioners,
`
`v.
`
`NANOCO TECHNOLOGIES LTD.,
`Patent Owner.
`
`IPR2021-00184
`Patent No. 7,803,423
`
`PETITIONERS’ NOTICE OF APPEAL
`
`
`
`Notice of Appeal: IPR2021-00184
`
`Under 35 U.S.C. §§ 319, 141(c), and 142 and 37 C.F.R. §§ 90.2(a) and
`
`90.3(a)(1), Petitioners Samsung Electronics Co., Ltd. and Samsung Electronics
`
`America, Inc. hereby appeal to the United States Court of Appeals for the Federal
`
`Circuit from the Patent Trial and Appeal Board’s final written decision, entered May
`
`16, 2022 (Paper No. 47), and from all underlying and related findings, orders,
`
`decisions, rulings, and opinions.
`
`For the limited purpose of providing the Director with the information
`
`requested in 37 C.F.R. § 90.2(a)(3)(ii), Petitioners further indicate that the issues on
`
`appeal may include, but are not limited to, for the challenged claims:
`
`1. Whether the Board properly held claims 1-3, 10, 11, 13, and 22-24 were
`
`not unpatentable as anticipated under 35 U.S.C. § 102 by WO
`
`03/097904 to Banin et al. (“Banin”);
`
`2. Whether the Board properly held claims 1-6, 10-14, and 21-25 were not
`
`unpatentable as obvious under 35 U.S.C. § 103 over Banin;
`
`3. Whether the Board properly held claims 7-9 were not unpatentable as
`
`obvious under 35 U.S.C. § 103 over the asserted combination of Banin
`
`and U.S. Patent No. 6,576,291 to Bawendi et al. (“Bawendi”);
`
`4. Whether the Board properly held claims 1, 10-16, and 21-24 were not
`
`unpatentable as obvious under 35 U.S.C. § 103 over the asserted
`
`combination of Zaban et al., Photosensitization of Nanoporous TiO2
`
`
`
`Notice of Appeal: IPR2021-00184
`
`Electrodes with InP Quantum Dots, 14 LANGMUIR 3153-3156 (1998)
`
`(“Zaban”) and Ptatschek et al., Quantized Aggregation Phenomena in
`
`II-VI-Semiconductor Colloids, 102 BERICHTE DER BUNSEN-
`
`GESELLSCHAFT FÜR PHYSIKALISCHE CHEMIE
`
`85-95
`
`(1998)
`
`(“Ptatschek”);
`
`5. Whether the Board properly held claims 4-6 and 25 were not
`
`unpatentable as obvious under 35 U.S.C. § 103 over the asserted
`
`combination of Zaban, Ptatschek, and Yu et al., Heterogeneous Seeded
`
`Growth: A Potentially General Synthesis of Monodisperse Metallic
`
`Nanoparticles, 123 J. AM. CHEM. SOC’Y 9198-9199 (2001) (“Yu”);
`
`6. Whether the Board properly held claims 7-9 were not unpatentable as
`
`obvious under 35 U.S.C. § 103 over the asserted combination of Zaban,
`
`Ptatschek, and Bawendi; and
`
`7. Whether the Board violated the Administrative Procedure Act by
`
`disregarding principal arguments and evidence regarding obviousness
`
`of the challenged claims.
`
`Petitioners further reserve the right to challenge any finding or determination
`
`supporting or relating to the issues above.
`
`Under 37 C.F.R. § 90.2(a), Petitioners are also filing this notice with the
`
`Director and serving it on the Federal Circuit with the requisite filing fee.
`
`
`
`2
`
`
`
`Notice of Appeal: IPR2021-00184
`
`DATED: May 27, 2022
`
`Respectfully submitted,
`/s/ F. Christopher Mizzo, P.C.
`F. Christopher Mizzo, P.C. (No. 73,156)
`KIRKLAND & ELLIS LLP
`1301 Pennsylvania Ave., N.W.
`Washington, D.C. 20004
`chris.mizzo@kirkland.com
`Tel.: (202) 389-5000
`Fax: (202) 389-5200
`
`Counsel for Petitioners
`
`
`
`3
`
`
`
`Notice of Appeal: IPR2021-00184
`
`CERTIFICATE OF SERVICE
`
`I certify that on May 27, 2022, this document was served on the Director at
`
`this address, under 35 U.S.C. § 142 and 37 C.F.R. §§ 90.2(a)(1) and 90.3(a)(1).
`
`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, VA 22313-1450
`
`I certify that on May 27, 2022, this document was electronically served on the
`
`United States Court of Appeals for the Federal Circuit, under 37 C.F.R. § 90.2(a)(2),
`
`Fed. Cir. R. 15(a), and Fed. R. App. P. 15(a).
`
`I certify that on May 27, 2022, this document was electronically served on
`
`counsel for Patent Owner, under 37 C.F.R. § 42.6(e)(1)-(3):
`
`WAMeunier@mintz.com
`PJCuomo@mintz.com
`MCNewman@mintz.com
`TWintner@mintz.com
`MSGalica@mintz.com
`NanocoIPRs@mintz.com
`DATED: May 27, 2022
`
`Respectfully submitted,
`
`/s/ F. Christopher Mizzo, P.C.
`F. Christopher Mizzo, P.C. (No. 41,969)
`KIRKLAND & ELLIS LLP
`1301 Pennsylvania Ave., N.W.
`Washington, D.C. 20004
`
`
`
`Notice of Appeal: IPR2021-00184
`
`chris.mizzo@kirkland.com
`Tel.: (202) 389-5000
`Fax: (202) 389-5200
`
`Counsel for Petitioners
`
`
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