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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`SAMSUNG ELECTRONICS AMERICA, INC., and
`SAMSUNG ELECTRONICS CO. LTD.,
`Petitioners,
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`v.
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`FASTVDO LLC,
`Patent Owner.
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`_______________
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`Case IPR2016-01179
`Patent 5,850,482
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`_______________
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`PATENT OWNER FASTVDO LLC’S
`NOTICE OF APPEAL
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`Case IPR2016-01179
`Patent 5,850,482
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`Pursuant to 35 U.S.C. §§ 141, 142, and 319, and in accordance with 37
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`C.F.R. §§ 90.2-90.3, Patent Owner FastVDO LLC appeals to the United States
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`Court of Appeals for the Federal Circuit from the Final Written Decision of the
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`Patent Trial and Appeal Board entered on December 11, 2017 in IPR2016-01179
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`(Paper 33), and from all underlying findings, determinations, orders, decisions,
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`rulings and opinions regarding the inter partes review of U.S. Patent No. 5,850,482
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`(“the ’482 Patent”), including the DECISION Instituting Inter Partes Review
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`entered on December 16, 2016 (Paper 15).
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`For the limited purpose of providing the Director with the information
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`requested in 37 C.F.R. § 90.2(a)(3)(ii), Patent Owner anticipates that the issues on
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`appeal may include, but are not limited to, the following, as well as any underlying
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`findings, determinations, orders, decisions, rulings, opinions, or other related
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`issues:
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` Whether the Patent Trial and Appeal Board’s decision finding that claims 1-
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`3, 5, 6, 12-14, 16, 17, and 28 of the ’482 patent are unpatentable was
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`“arbitrary, capricious, an abuse of discretion, or otherwise not in accordance
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`with law; … in excess of statutory jurisdiction, authority or limitations, or …
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`without observance of procedure required by law; [or] unsupported by
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`substantial evidence … .” 5 U.S.C. § 706(2)(A)-(E); and
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`Case IPR2016-01179
`Patent 5,850,482
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` Whether inter partes review, an adversarial process used by the Patent and
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`Trademark Office (PTO) to analyze the validity of existing patents, violates
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`the Constitution by extinguishing property rights through a non-Article III
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`forum without a jury and without affording due process to patent owners.
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`Simultaneous with the electronic submission of this Notice of Appeal to the
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`Patent Trial and Appeal Board, a copy of this Notice of Appeal is being filed with
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`the United States Patent and Trademark Office by way of hand delivery to the
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`Office of General Counsel to:
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`Office of the General Counsel
`United States Patent and Trademark Office
`Madison East
`10B20 600 Dulany Street
`Alexandria, Virginia 22314
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`In addition, consistent with Federal Circuit Rules 15(a)(1) and 25(b)(1), this
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`Notice of Appeal, along with the required docketing fees and copies of the
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`decisions of the agency for which review is sought, are being filed electronically
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`with the United States Court of Appeals for the Federal Circuit, and one paper
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`copy of the Notice of Appeal is being provided to the Clerk’s Office:
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`2
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`Case IPR2016-01179
`Patent 5,850,482
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`Clerk of Court
`United States Court of Appeals for the Federal Circuit
`717 Madison Place, NW, Room 401
`Washington, DC 20439
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`Any required fees to the United States Patent and Trademark Office may be
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`charged to Deposit Account No. 50-1860.
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`Dated: February 9, 2018
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`Respectfully submitted,
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` By: /s/ Wayne M. Helge
`Wayne M. Helge (Reg. No. 56,905)
`Davidson Berquist Jackson &
`Gowdey, LLP
`8300 Greensboro Drive, Suite 500
`McLean, VA 22102
`Telephone: 571-765-7700
`Fax: 571-765-7200
`Email: whelge@dbjg.com
`Lead Counsel for Patent Owner
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`Case IPR2016-01179
`Patent 5,850,482
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`CERTIFICATE OF SERVICE
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`I hereby certify that on February 9, 2018, a true and correct copy of the
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`foregoing Patent Owner’s Notice of Appeal was served via email, by consent, to
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`Petitioners by serving the correspondence email addresses of record as follows:
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`Derrick W. Toddy (Reg. No. 74,591)
`Garth A. Winn (Reg. No. 33,220)
`John D. Vandenberg (Reg. No. 33,312)
`KLARQUIST SPARKMAN, LLP
`One World Trade Center, Suite 1600
`121 S.W. Salmon St.
`Portland, OR 97204
`Telephone: (503) 595-5300
`Facsimile: (203) 595-5301
`E-mail: derrick.toddy@klarquist.com
`E-mail: garth.winn@klarquist.com
`E-mail: john.vandenberg@klarquist.com
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`By: /s/ Wayne M. Helge
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`Registration No. 56,905
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`Counsel for Patent Owner
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