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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`Parrot S.A. and Parrot, Inc.,
`Petitioners,
`v.
`Drone Technologies, Inc.,
`Patent Owner.
`
`_______________
`Case IPR2014-00732
`U.S. Patent No. 8,106,748
`______________
`
`
`Before HOWARD B. BLANKENSHIP, MATTHEW R. CLEMENTS, and
`CHRISTOPHER M. KAISER, Administrative Patent Judges.
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`PETITIONERS’ NOTICE OF APPEAL
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`via PRPS
`Patent Trial and Appeal Board
`
`via Hand Delivery
`Director of the United States Patent and Trademark Office
`Office of the General Counsel, 10B20
`Madison Building East
`600 Dulany Street
`Alexandria, VA 22314
`
`via Federal Express
`United States Court of Appeals for the Federal Circuit
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`
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`Case IPR2014-00730
`Petitioner’s Notice of Appeal
`Pursuant to Federal Rule of Appellate Procedure 15, Federal Circuit Rule
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`15(a)(1), as well as 35 U.S.C. §§141(c), 142, 319, and 37 C.F.R. §§90.2(a),
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`90.3(a), Petitioners Parrot S.A. and Parrot, Inc., (collectively, “Parrot”) hereby give
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`notice of appeal to the United States Court of Appeals for the Federal Circuit from
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`the Final Written Decision of the Patent Trial and Appeal Board (“Board”), entered
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`on October 20, 2015 (Paper 29); the Board’s Decision denying Parrot’s Request for
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`Rehearing, entered on January 8, 2016 (Paper 31); and any rulings and orders
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`merged therein, in the above-captioned inter partes review of U.S. Patent No.
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`8,106,748. This notice is timely filed within 63 days of the Board’s disposition of
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`Parrot’s Request for Rehearing entered on January 8, 2016 (Paper 31), and is
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`therefore timely under 37 C.F.R. § 90.3(b)(1).
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`In accordance with 37 C.F.R. § 90.2(a)(3)(ii), Parrot indicates that the issues
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`on appeal include, without limitation, the Board’s determination that claims 1-12
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`of the ’748 patent are patentable over the prior art of record in this proceeding.
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`Specifically, those issues include:
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`(i) the Board’s finding that Shkolnikov is not analogous art;
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`(ii) the Board’s obviousness analysis as it relates to claims 1-3, 5, and 10-12,
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`including the Board’s determination that Parrot did not demonstrate by a
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`preponderance of the evidence that those claims are unpatentable for obviousness
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`over the combination of Spirov, Bathiche, and Shkolnikov;
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`1
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`Case IPR2014-00732
`Petitioner’s Notice of Appeal
`(iii) the Board’s obviousness analysis as it relates to claims 4, 8, and 9,
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`including the Board’s determination that Parrot did not demonstrate by a
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`preponderance of the evidence that those claims are unpatentable for obviousness
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`over the combination of Spirov, Bathiche, Shkolnikov, and Fouche;
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`(iv) the Board’s obviousness analysis as it relates to claims 6 and 7,
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`including the Board’s determination that Parrot did not demonstrate by a
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`preponderance of the evidence that those claims are unpatentable for obviousness
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`over the combination of Spirov, Bathiche, Shkolnikov, and Barr; and,
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`(iv) any other finding or determination supporting or related to the above-
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`mentioned issues as well as all other issues decided adversely to Parrot including in
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`any orders, decisions, rulings, and/or opinions.
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`Simultaneous with this submission, Parrot is filing a true and correct copy of
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`this Notice of Appeal with the Director of the U.S. Patent and Trademark Office
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`and filing three copies of the same, along with the required docketing fees, with the
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`Clerk of the Federal Circuit as set forth in the accompanying Certificate of Filing.
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`Dated: March 8, 2016
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`Respectfully submitted,
`/James E. Hopenfeld/
`James E. Hopenfeld (Reg No. 47,661)
`Hopenfeld@oshaliang.com
`Tammy J. Terry (Reg No. 69,167)
`Terry@oshaliang.com
`OSHA LIANG LLP
`909 Fannin Street, Suite 3500
`Houston, Texas 77010
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`Case IPR2014-00732
`Petitioner’s Notice of Appeal
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`Tel: 713-228-8600/Fax: 713-228-8778
`Counsel for Petitioner
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`3
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`Case IPR2014-00732
`Petitioner’s Notice of Appeal
`CERTIFICATE OF FILING
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`The undersigned certifies that, in addition to being electronically filed
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`through PRPS, a true and correct copy of the above-captioned Petitioner’s Notice
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`of Appeal is being filed by hand with the Director of the U.S. Patent and
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`Trademark Office on March 8, 2016, at the following address:
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`Director of the United States Patent and Trademark Office
`c/o Office of the General Counsel, 10B20
`Madison Building East
`600 Dulany Street
`Alexandria, VA 22314
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`The undersigned also hereby certifies that three true and correct copies of
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`the above-captioned Petitioner’s Notice of Appeal and the filing fee are being filed
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`with the Clerk’s Office of the U.S. Court of Appeals for the Federal Circuit on
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`Respectfully submitted,
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`/James E. Hopenfeld/
`James E. Hopenfeld (Reg No. 47,661)
`Hopenfeld@oshaliang.com
`Tammy J. Terry (Reg No. 69,167)
`Terry@oshaliang.com
`OSHA LIANG LLP
`909 Fannin Street, Suite 3500
`Houston, Texas 77010
`Tel: 713-228-8600/Fax: 713-228-8778
`Counsel for Petitioner
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`March 8, 2016.
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`Dated: March 8, 2016
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`Case IPR2014-00732
`Petitioner’s Notice of Appeal
`CERTIFICATE OF SERVICE
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`The undersigned certifies service pursuant to 37 C.F.R. § 42.6(e) on the
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`Patent Owner by email and U.S. Mail a copy of the Petitioner’s Notice of Appeal
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`as follows:
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`Gene Tabachnick
`James Dilmore
`gtabachnick@beckthomas.com
`jdilmore@beckthomas.com
`docket@beckthomas.com
`BECK & THOMAS, P.C.
`1575 McFarland Road, Suite 100
`Pittsburgh, PA 15216-1808
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`Respectfully submitted,
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`Dated: March 8, 2016
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`/James E. Hopenfeld/
`James E. Hopenfeld (Reg No. 47,661)
`Hopenfeld@oshaliang.com
`Tammy J. Terry (Reg No. 69,167)
`Terry@oshaliang.com
`OSHA LIANG LLP
`909 Fannin Street, Suite 3500
`Houston, Texas 77010
`Tel: 713-228-8600/Fax: 713-228-8778
`Counsel for Petitioner