`_____________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_____________________
`
`ERICSSON INC. and TELEFONAKTIEBOLAGET LM ERICSSON
`Petitioner
`
`v.
`
`INTELLECTUAL VENTURES II LLC
`Patent Owner
`
`_____________________
`
`Case IPR2014-01185
`Patent No. 7,269,127
`_____________________
`
`
`
`PATENT OWNER INTELLECTUAL VENTURES II LLC’S
`NOTICE OF APPEAL
`
`
`
`via PRPS
`Patent Trial and Appeal Board
`
`via Hand Carry
`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
`
`via CM/ECF
`United States Court of Appeals for the Federal Circuit
`
`
`
`
`
`
`
`IPR2014-01185
`U.S. Pat. No. 7,269,127
`
`INTRODUCTION
`
`Intellectual Ventures II LLC’s (“Intellectual Ventures”) appeal stems from
`
`the Patent Trial and Appeal Board’s Final Written Decision entered on January 21,
`
`2016 (Paper 35) (the “Final Written Decision”) in the above-captioned inter partes
`
`review of United States Patent No. 7,269,127. This notice is timely filed within 63
`
`days of the Board’s Final Written Decision. 37 C.F.R. § 90.3(a)(1).
`
`INTELLECTUAL VENTURES’ APPEAL
`
`Please take notice that under 35 U.S.C. §§ 141(c), 142, 319; 37 C.F.R. §§
`
`90.2(a), 90.3(a), and Federal Rules of Appellate Procedure/Federal Circuit Rule
`
`4(3)(a), Patent Owner Intellectual Ventures hereby appeals to the United States
`
`Court of Appeals for the Federal Circuit from the Final Written Decision based on
`
`the “Decision, Institution of Inter Partes Review” entered on January 28, 2015
`
`(Paper 11) (the “Institution Decision”).
`
`INTELLECTUAL VENTURES’ ISSUES ON APPEAL
`
`In accordance with 37 C.F.R. § 90.2(a)(3)(ii), Intellectual Ventures’ issues
`
`on appeal include at least: (i) the Board’s finding that claims 1, 2, 3, and 5 are
`
`unpatentable as obvious over Schmidl and Arslan; (ii) the Board’s finding that
`
`claims 4 and 6-10 are unpatentable as obvious over Schmidl, Arslan and Kim; (iii)
`
`the Board’s finding that claim 17 is unpatentable as obvious over Schmidl, Arslan,
`
`Kim, and Heiskala; (iv) the Board’s claim construction; and (v) any findings or
`
`
`
`
`
`
`
`IPR2014-01185
`U.S. Pat. No. 7,269,127
`determinations supporting or related to the aforementioned issues as well as all
`
`
`
`other issues decided adversely to Intellectual Ventures in any orders, decisions,
`
`rulings, and/or opinions.
`
`Simultaneously with this submission, Intellectual Ventures is filing a true
`
`and correct copy of this Notice of Appeal with the Director of the United States
`
`Patent and Trademark Office and a true and correct copy of the same, along with
`
`the required docketing fee, with the Clerk of the United States Court of Appeals for
`
`the Federal Circuit as set forth in the accompanying Certificate of Filing.
`
`
`Respectfully submitted,
`
`STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
`
`
`
`
`Byron L. Pickard
`Attorney for Patent Owner
`Registration No. 65,172
`
`
`
`
`
`
`
`
`
`
`
`
`
`Date: March 23, 2016
`1100 New York Avenue, N.W.
`Washington, D.C. 20005
`(202) 371-2600
`
`
`
`
`
`
`
`
`
`
`
`IPR2014-01185
`U.S. Pat. No. 7,269,127
`
`CERTIFICATE OF FILING
`
`The undersigned hereby certifies that, in addition to being electronically
`
`filed through PRPS, a true and correct copy of the above-captioned PATENT
`
`OWNER INTELLECTUAL VENTURES II LLC’S NOTICE OF APPEAL is
`
`being filed by hand with the Director on March 23, 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 a true and correct copy of the
`
`above-captioned PATENT OWNER INTELLECTUAL VENTURES II LLC’S
`
`NOTICE OF APPEAL and the filing fee is being filed via CM/ECF with the
`
`Clerk’s Office of the United States Court of Appeals for the Federal Circuit on
`
`Respectfully submitted,
`
`March 23, 2016.
`
`
`
`Date: March 23, 2016
`
`
`
`Byron L. Pickard, Registration No. 65,172
`Attorney for Patent Owner
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`IPR2014-01185
`U.S. Pat. No. 7,269,127
`CERTIFICATION OF SERVICE
`
`The undersigned hereby certifies that the foregoing PATENT OWNER
`
`INTELLECTUAL VENTURES II LLC’S NOTICE OF APPEAL was served
`
`electronically via e-mail on March 23, 2016, in its entirety on the following:
`
`J. Andrew Lowes (Lead Counsel)
`David M. O’Dell (Back-up Counsel)
`John Russell Emerson (Back-up Counsel)
` Clint Wilkins (Back-up Counsel)
`HAYNES AND BOONE, LLP
`andrew.lowes.ipr@haynesboone.com
`david.odell.ipr@haynesboone.com
`russell.emerson.ipr@haynesboone.com
`clint.wilkins.ipr@haynesboone.com
`
`
`STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
`
`
`
`Byron L. Pickard
`Attorney for Patent Owner
`Registration No. 65,172
`
`
`
`Date: March 23, 2016
`1100 New York Avenue, N.W.
`Washington, D.C. 20005
`(202) 371-2600
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