throbber
IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`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.
`
`
`
`PETITIONERS’ NOTICE OF APPEAL
`
`
`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
`
`
`
`

`
`Case IPR2014-00730
`Petitioner’s Notice of Appeal
`Pursuant to Federal Rule of Appellate Procedure 15, Federal Circuit Rule
`
`15(a)(1), as well as 35 U.S.C. §§141(c), 142, 319, and 37 C.F.R. §§90.2(a),
`
`90.3(a), Petitioners Parrot S.A. and Parrot, Inc., (collectively, “Parrot”) hereby give
`
`notice of appeal to the United States Court of Appeals for the Federal Circuit from
`
`the Final Written Decision of the Patent Trial and Appeal Board (“Board”), entered
`
`on October 20, 2015 (Paper 29); the Board’s Decision denying Parrot’s Request for
`
`Rehearing, entered on January 8, 2016 (Paper 31); and any rulings and orders
`
`merged therein, in the above-captioned inter partes review of U.S. Patent No.
`
`8,106,748. This notice is timely filed within 63 days of the Board’s disposition of
`
`Parrot’s Request for Rehearing entered on January 8, 2016 (Paper 31), and is
`
`therefore timely under 37 C.F.R. § 90.3(b)(1).
`
`In accordance with 37 C.F.R. § 90.2(a)(3)(ii), Parrot indicates that the issues
`
`on appeal include, without limitation, the Board’s determination that claims 1-12
`
`of the ’748 patent are patentable over the prior art of record in this proceeding.
`
`Specifically, those issues include:
`
`(i) the Board’s finding that Shkolnikov is not analogous art;
`
`(ii) the Board’s obviousness analysis as it relates to claims 1-3, 5, and 10-12,
`
`including the Board’s determination that Parrot did not demonstrate by a
`
`preponderance of the evidence that those claims are unpatentable for obviousness
`
`over the combination of Spirov, Bathiche, and Shkolnikov;
`
`1
`
`

`
`Case IPR2014-00732
`Petitioner’s Notice of Appeal
`(iii) the Board’s obviousness analysis as it relates to claims 4, 8, and 9,
`
`including the Board’s determination that Parrot did not demonstrate by a
`
`preponderance of the evidence that those claims are unpatentable for obviousness
`
`over the combination of Spirov, Bathiche, Shkolnikov, and Fouche;
`
`(iv) the Board’s obviousness analysis as it relates to claims 6 and 7,
`
`including the Board’s determination that Parrot did not demonstrate by a
`
`preponderance of the evidence that those claims are unpatentable for obviousness
`
`over the combination of Spirov, Bathiche, Shkolnikov, and Barr; and,
`
`(iv) any other finding or determination supporting or related to the above-
`
`mentioned issues as well as all other issues decided adversely to Parrot including in
`
`any orders, decisions, rulings, and/or opinions.
`
`Simultaneous with this submission, Parrot is filing a true and correct copy of
`
`this Notice of Appeal with the Director of the U.S. Patent and Trademark Office
`
`and filing three copies of the same, along with the required docketing fees, with the
`
`Clerk of the Federal Circuit as set forth in the accompanying Certificate of Filing.
`
`Dated: March 8, 2016
`
`
`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
`
`2
`
`

`
`Case IPR2014-00732
`Petitioner’s Notice of Appeal
`
`Tel: 713-228-8600/Fax: 713-228-8778
`Counsel for Petitioner
`
`3
`
`

`
`Case IPR2014-00732
`Petitioner’s Notice of Appeal
`CERTIFICATE OF FILING
`
`The undersigned certifies that, in addition to being electronically filed
`
`through PRPS, a true and correct copy of the above-captioned Petitioner’s Notice
`
`of Appeal is being filed by hand with the Director of the U.S. Patent and
`
`Trademark Office on March 8, 2016, at the following address:
`
`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
`
`The undersigned also hereby certifies that three true and correct copies of
`
`the above-captioned Petitioner’s Notice of Appeal and the filing fee are being filed
`
`with the Clerk’s Office of the U.S. Court of Appeals for the Federal Circuit on
`
`
`
`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
`Tel: 713-228-8600/Fax: 713-228-8778
`Counsel for Petitioner
`
`March 8, 2016.
`
`Dated: March 8, 2016
`
`
`
`
`
`

`
`Case IPR2014-00732
`Petitioner’s Notice of Appeal
`CERTIFICATE OF SERVICE
`
`The undersigned certifies service pursuant to 37 C.F.R. § 42.6(e) on the
`
`Patent Owner by email and U.S. Mail a copy of the Petitioner’s Notice of Appeal
`
`as follows:
`
`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
`
`Respectfully submitted,
`
`Dated: March 8, 2016
`
`/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

This document is available on Docket Alarm but you must sign up to view it.


Or .

Accessing this document will incur an additional charge of $.

After purchase, you can access this document again without charge.

Accept $ Charge
throbber

Still Working On It

This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.

Give it another minute or two to complete, and then try the refresh button.

throbber

A few More Minutes ... Still Working

It can take up to 5 minutes for us to download a document if the court servers are running slowly.

Thank you for your continued patience.

This document could not be displayed.

We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.

Your account does not support viewing this document.

You need a Paid Account to view this document. Click here to change your account type.

Your account does not support viewing this document.

Set your membership status to view this document.

With a Docket Alarm membership, you'll get a whole lot more, including:

  • Up-to-date information for this case.
  • Email alerts whenever there is an update.
  • Full text search for other cases.
  • Get email alerts whenever a new case matches your search.

Become a Member

One Moment Please

The filing “” is large (MB) and is being downloaded.

Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.

Your document is on its way!

If you do not receive the document in five minutes, contact support at support@docketalarm.com.

Sealed Document

We are unable to display this document, it may be under a court ordered seal.

If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.


Access Government Site

We are redirecting you
to a mobile optimized page.





Document Unreadable or Corrupt

Refresh this Document
Go to the Docket

We are unable to display this document.

Refresh this Document
Go to the Docket