UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`ERICSSON INC., TELEFONAKTIEBOLAGET LM ERICSSON, and
`AT&T MOBILITY, LLC,
`Petitioner
`
`V.
`
`INTELLECTUAL VENTURES I LLC,
`Patent Owner
`
`Case IPR2016-01 169
`Case IPR2017-00681
`Patent 5,960,032
`
`PATENT OWNER INTELLECTUAL VENTURES I LLC’S
`NOTICE OF APPEAL
`
`via PTAB E2E
`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
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`ERICSSON INC., TELEFONAKTIEBOLAGET LM ERICSSON, and
`AT&T MOBILITY, LLC,
`Petitioner
`
`V.
`
`INTELLECTUAL VENTURES I LLC,
`Patent Owner
`
`Case IPR2016-01 169
`Case IPR2017-00681
`Patent 5,960,032
`
`PATENT OWNER INTELLECTUAL VENTURES I LLC’S
`NOTICE OF APPEAL
`
`via PTAB E2E
`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
`
`
`
`Case 1PR2016-01 169
`Case 1PR2017-00681
`U.S. Patent No. 5,960,032
`
`INTRODUCTION
`
`Intellectual Ventures I LLC’s appeal stems from the Patent Trial and Appeal
`
`Board’s Final Written Decision entered on December 13, 2017 (Paper 38) (the
`
`"Final Written Decision") in the above-captioned
`
`inter partes review of United
`
`States Patent No. 5,960,032. This notice is timely filed within 63 days of the Final
`
`Written Decision. 37 C.F.R. § 90.3(b)(1).
`
`INTELLECTUAL VENTURES I LLC’S 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 I LLC 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 December
`
`14, 2016 (Paper 9) (the "Institution Decision")
`
`INTELLECTUAL VENTURES I LLC’S ISSUES ON APPEAL
`
`In accordance with 37 C.F.R. § 90.2(a)(3)(ii), Intellectual Ventures I LLC’s
`
`issues on appeal include at least: (i) the Board’s finding that claims 1-3, 7, and 9
`
`are unpatentable as obvious over the combination of Sasaki 1994 in view of Sasaki
`
`1991; (ii) the Board’s finding that claim 4 is unpatentable as obvious over the
`
`combination of Sasaki 1994, in view of Sasaki 1991, and further in view of Rice;
`
`(iii) the Board’s finding that claims 5 and 6 are unpatentable as obvious over the
`
`-1-
`
`
`
`Case 1PR2016-01 169
`Case 1PR2017-00681
`U.S. Patent No. 5,960,032
`combination of Sasaki 1994, in view of Sasaki 1991, and further in view of Kato;
`
`(iv) the Board’s finding that claim 8 is unpatentable as obvious over the
`
`combination of Sasaki 1994, in view of Sasaki 1991, and further in view of
`
`Fattouche; and (v) any findings or determinations supporting or related to the
`
`aforementioned issues as well as all other issues decided adversely to Intellectual
`
`Ventures I LLC in any orders, decisions, rulings, phone conference decisions,
`
`and/or opinions.
`
`Simultaneously with this submission, Intellectual Ventures I LLC 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.
`
`Lori A. Gordon (Reg. No. 50,633)
`Attorney for Intellectual Ventures I LLC
`
`Date: February 14, 2018
`1100 New York Avenue, N. W.
`Washington, D.C. 20005
`(202) 371-2600
`
`-2-
`
`
`
`Case 1PR2016-01 169
`Case 1PR2017-00681
`U.S. Patent No. 5,960,032
`
`CERTIFICATE OF FILING
`
`The undersigned hereby certifies that, in addition to being electronically
`
`filed through PTAB E2E, a true and correct copy of the above-captioned PATENT
`
`OWNER INTELLECTUAL VENTURES I LLC’S NOTICE OF APPEAL
`
`is
`
`being filed by hand with the Director on February 14, 2018, 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 I LLC’S
`
`NOTICE OF APPEAL and the filing fee is being filed via CMIECF with the
`
`Clerk’s Office of the United States Court of Appeals for the Federal Circuit on
`
`February 14, 2018.
`
`Respectfully submitted,
`
`Date: February 14, 2018 (cid:9)
`
`Lori A. Gordon (Reg. No. 50,633)
`Attorney for Intellectual Ventures I LLC
`
`-1-
`
`
`
`Case 1PR2016-01 169
`Case 1PR2017-00681
`U.S. Patent No. 5,960,032
`CERTIFICATION OF SERVICE
`
`The undersigned hereby certifies that the foregoing PATENT OWNER
`
`INTELLECTUAL VENTURES I LLC’S NOTICE OF APPEAL was served
`
`electronically via e-mail on February 14, 2018, in its entirety on the following
`
`counsel for Petitioner:
`
`J. Andrew Lowes (Lead Counsel)
`Russ Emerson (Back-up Counsel)
`Clint Wilkins (Back-up Counsel)
`Adam C. Fowles (Back-up Counsel)
`Jamie H. McDole (Back-up Counsel)
`HAYNES & BOONE LLP
`andrew.lowes.ipr@haynesboone .com
`clint.wilkins.ipr@haynesboone .com
`russell. emerson.ipr@haynesboone.com
`adam. fowles.ipr@haynesboone. corn
`jamie.mcdole@haynesboone.com
`
`Jon V. Swenson (Lead Counsel)
`Nicholas A. Schuneman (Back-up Counsel)
`Eliot D. Williams (Back-up Counsel)
`BAKER BOTTS LLP
`jon. swenson@bakerbotts. corn
`nick. schuneman@bakerbotts. corn
`eliot.williarns@bakerbotts.com
`
`Respectfully submitted,
`
`Date: February 14, 2018 (cid:9)
`
`Lori A. Gordon (Reg. No. 50,633)
`Attorney for Intellectual Ventures I LLC
`
`-2-
`
`
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