`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_____________
`
`GOOGLE LLC, SAMSUNG ELECTRONICS CO., LTD., SAMSUNG
`ELECTRONICS AMERICA, INC., LG ELECTRONICS INC., and LG
`ELECTRONICS U.S.A., INC.,
`Petitioners,
`
`v.
`
`PARUS HOLDINGS, INC.,
`Patent Owner.
`_____________
`
`Case: IPR2020-00846
`U.S. Patent No. 7,076,431 B2
`_____________
`
`
`
`PATENT OWNER PARUS HOLDINGS, INC.’S NOTICE OF APPEAL
`
`
`via E2E
`Patent Trial and Appeal Board
`via Priority Mail Express
`Director of the United States Patent and Trademark Office
`c/o Office of the General Counsel, 10B20
`United States Patent and Trademark Office
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`via CM/ECF
`United States Court of Appeals for the Federal Circuit
`
`
`
`
`
`
`Pursuant to 35 U.S.C. §§ 141-142 and 319, 37 C.F.R. §§ 90.2-90.3, Federal
`
`Rule of Appellate Procedure 15, and Federal Circuit Rule 15, Patent Owner Parus
`
`Holdings, Inc. (“Patent Owner”) hereby provides notice that it appeals to the United
`
`States Court of Appeals for the Federal Circuit from the Final Written Decision of
`
`the Patent Trial and Appeal Board (the “Board”) entered on October 19, 2021 (Paper
`
`No. 31) (the “Final Written Decision”), and from all underlying findings,
`
`determinations, rulings, opinions, orders, issues, and decisions regarding the inter
`
`partes review of United States Patent No. 7,076,431 (the “’431 Patent”). This Notice
`
`of Appeal and petition for review of the Final Written Decision is timely under 37
`
`C.F.R. § 90.3(a)(1), having been filed within 63 days of the Final Written Decision.
`
`In accordance with 37 C.F.R. § 90.2(a)(3)(ii), Patent Owner states that the
`
`issues and determinations to be challenged on appeal include, but are not limited to:
`
`(i) the Board’s determination that Patent Owner’s earlier conception and reduction
`
`to practice arguments were not in compliance with Rule 42.6(a)(3) and thus were
`
`improperly incorporated by reference; (ii) the Board’s further determination that it
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`would not consider Patent Owner’s earlier conception and reduction to practice
`
`arguments and evidence in this proceeding; (iii) the Board’s determination that
`
`claims 1, 2, 4-7, 9, 10, 13, and 14 of the ’431 Patent were shown to be obvious under
`
`35 U.S.C. § 103(a) and thus are unpatentable; (iv) the Board’s interpretation of the
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`prior art; (v) the Board’s legal errors in undertaking its obviousness analysis; (vi) the
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`2
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`
`
`
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`Board’s findings that conflict with the evidence of record or are otherwise
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`unsupported by substantial evidence; (vii) the Board’s failure to consider evidence
`
`of record fully and properly; and (viii) any other findings or determinations
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`supporting or relating to these issues as well as all other issues decided adversely to
`
`Patent Owner in any orders, decisions, rulings, or opinions in this proceeding.
`
`Simultaneously with this submission, Patent Owner is filing a true and correct
`
`copy of this Notice of Appeal with the Director of the United States Patent and
`
`Trademark Office as well as a true and correct copy of the same, along with the
`
`required filing fee, with the Clerk of the United States Court of Appeals for the
`
`Federal Circuit as set forth in the accompanying Certificate of Filing.
`
`
`
`
`
`3
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`
`
`Dated: December 15, 2021
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Respectfully submitted,
`
` /s/ John B. Campbell
`
`
`
`
`
`
`
`
`
`John B. Campbell
`Reg. No. 54,665
`jcampbell@mckoolsmith.com
`MCKOOL SMITH, P.C.
`303 Colorado Street, Suite 2100
`Austin, Texas 78701
`Telephone: (512) 692-8700
`Facsimile: (512) 692-8744
`
`Counsel for Patent Owner
`Parus Holdings, Inc.
`
`
`
`
`
`4
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`
`
`
`
`CERTIFICATE OF FILING
`
`The undersigned hereby certifies that, in addition to being electronically filed
`
`through E2E, a true and correct copy of the above-captioned PATENT OWNER
`
`PARUS HOLDINGS, INC.’S NOTICE OF APPEAL is being filed via Priority Mail
`
`Express with the Director on December 15, 2021, at the following address:
`
`Director of the United States Patent and Trademark Office
`c/o Office of the General Counsel, 10B20
`United States Patent and Trademark Office
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`The undersigned also hereby certifies that a true and correct copy of the
`
`above-captioned PATENT OWNER PARUS HOLDINGS, INC.’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 December 15, 2021.
`
`Dated: December 15, 2021
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Respectfully submitted,
`
` /s/ John B. Campbell
`
`
`
`
`
`John B. Campbell
`Reg. No. 54,665
`jcampbell@mckoolsmith.com
`MCKOOL SMITH, P.C.
`303 Colorado Street, Suite 2100
`Austin, Texas 78701
`Telephone: (512) 692-8700
`Facsimile: (512) 692-8744
`
`Counsel for Patent Owner
`Parus Holdings, Inc.
`
`5
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`
`
`
`
`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies that the foregoing PATENT OWNER
`
`PARUS HOLDINGS, INC.’S NOTICE OF APPEAL was served via electronic mail
`
`on December 15, 2021, in its entirety on the following:
`
`Elisabeth Hunt
`Gregory Nieberg
`Richard Giunta
`WOLF, GREENFIELD & SACKS P.C.
`Ehunt-ptab@wolfgreenfield.com
`Gnieberg-ptab@wolfgreenfield.com
`Rgiunta-ptab@wolfgreenfield.com
`
`Dated: December 15, 2021
`
`
`
`Respectfully submitted,
`
`
`
`
`
`
`
`
`
`
`
`
`
` /s/ John B. Campbell
`
`John B. Campbell
`Reg. No. 54,665
`jcampbell@mckoolsmith.com
`MCKOOL SMITH, P.C.
`303 Colorado Street, Suite 2100
`Austin, Texas 78701
`Telephone: (512) 692-8700
`Facsimile: (512) 692-8744
`
`Counsel for Patent Owner
`Parus Holdings, Inc.
`
`6
`
`
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