`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`____________
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`____________
`
`
`APPLE INC.
`Petitioner
`
`v.
`
`COREPHOTONICS, LTD.,
`Patent Owner
`____________
`
`Case IPR2018-01140
`U.S. Patent No. 9,402,032
`____________
`
`PATENT OWNER’S AMENDED NOTICE OF APPEAL
`
`
`
`
`
`Office of the General Counsel
`United States Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`Submitted Electronically via the PTAB E2E System
`
`
`
`
`
`
`
`Pursuant to 35 U.S.C. §§ 141, 142, and 319, and in accordance with 37 C.F.R.
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`§§ 90.2-90.3, and by permission of the Federal Circuit, Patent Owner Corephotonics,
`
`Ltd. (“Corephotonics”) hereby amends its prior Notice of Appeal (Paper No. 38)
`
`appealing to the United States Court of Appeals for the Federal Circuit from the
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`Final Written Decision of the Patent Trial and Appeal Board (“Board”) entered on
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`December 3, 2019, in IPR2018-01140 (Paper No. 37) (“Final Written Decision”),
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`and from all underlying findings, determinations, rulings, opinions, orders, and de-
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`cisions regarding the inter partes review of U.S. Patent No. 9,402,032 (the “’032
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`patent”), to appeal the same and further include the Order denying Corephotonics’
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`request for Director review entered September 28, 2021 (Paper No. 41), and all un-
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`derlying findings, determinations, rulings, opinions, orders, and decisions regarding
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`that Order.
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`Corephotonics’ request for Director review was made pursuant to a remand
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`by the Federal Circuit in Corephotonics, Ltd. v. Apple Inc., Case No. 2020-1424.
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`Corephotonics submits this Amended Notice of Appeal out of an abundance of cau-
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`tion, within the seven-day deadline for any Amended Notice of Appeal set forth in
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`the order entered by the Federal Circuit in that pending appeal on October 6, 2021.
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`In accordance with 37 C.F.R. § 90.2(a)(3)(ii), Corephotonics states that the
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`issues on appeal may include, but are not limited to: the Board’s determination that
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`claims 1 and 13–15 of the ’032 patent have been shown to be unpatentable; whether
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`
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`1
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`
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`the statute and regulations under which the Board made its determination violate the
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`Appointments Clause or other provisions of the United States Constitution; the
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`Board’s consideration of the expert testimony, prior art, and other evidence in the
`
`record; and the Board’s factual findings, conclusions of law, or other determinations
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`supporting or related to those issues, as well as all other issues decided adversely to
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`Corephotonics in any orders, decisions, rulings, and opinions.
`
`This Amended Notice of Appeal is being filed with the Clerk’s Office for the
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`United States Court of Appeals for the Federal Circuit, along with payment of the
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`required docketing fees. In addition, a copy of this Amended Notice of Appeal is
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`being filed simultaneously with the Patent Trial and Appeal Board.
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`
`Respectfully submitted,
`
`Dated: October 13, 2021
`
`
`
`
`
`
`
`
`
`
`
`2
`
`
`
` / Neil A. Rubin /
`Neil A. Rubin
`Reg. No. 67,030
`Reza Mirzaie
`Reg. No. 69,138
`Marc Fenster
`Pro Hac Vice
`Russ August & Kabat
`12424 Wilshire Blvd., 12th Fl.
`Los Angeles, CA 90025
`Phone: (310) 826-7474
`Fax: (310) 826-6991
`rmirzaie@raklaw.com
`nrubin@raklaw.com
`mfenster@raklaw.com
`corephotonics@raklaw.com
`
`
`
`CERTIFICATE OF SERVICE (37 C.F.R. § 42.6(e)(1))
`
`The undersigned hereby certifies that the above document was served on October
`13, 2021, by filing this document through the Patent Trial and Appeal Board End-
`to-End System as well as delivering a copy via electronic mail upon the following
`attorneys of record for the Petitioner:
`Michael S. Parsons
`Andrew S. Ehmke
`Jordan Maucotel
`David W. O’Brien
`Jamie H. McDole
`HAYNES AND BOONE, LLP
`michael.parsons.ipr@haynesboone.com
`andy.ehmke.ipr@haynesboone.com
`jordan.maucotel.ipr@haynesboone.com
`david.obrien.ipr@haynesboone.com
`jamie.mcdole@haynesboone.com
`
`A copy of this Notice of Appeal was also sent on October 13, 2021 by Priority Mail
`Express to the United States Patent and Trademark Office at the following address:
`Office of the General Counsel
`United States Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`
`
`
`
`
`
` / Neil A. Rubin /
`
`
`Neil A. Rubin (Reg. No. 67,030)
`
`3
`
`
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