COOPER TECHNOLOGIES CO. v. DUDAS

No. 2008-1130.

536 F.3d 1330 (2008)

COOPER TECHNOLOGIES COMPANY, Plaintiff-Appellant, v. Jon W. DUDAS, Director, United States Patent and Trademark Office, Defendant-Appellee, and Thomas & Betts Corporation, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

August 19, 2008.


Attorney(s) appearing for the Case

R. Ted Cruz, Morgan, Lewis & Bockius L.L.P., of Houston, TX, argued for plaintiff-appellant. On the brief were Paul E. Kreiger and James L. Beebe. Of counsel was Robert S. Harrell, Fulbright & Jaworski L.L.P., of Houston, TX.

Nathan K. Kelley, Associate Solicitor, Office of the Solicitor, United States Patent and Trademark Office, of Arlington, VA, argued for defendant-appellee, Jon W. Dudas, Director, United States Patent and Trademark Office. With him on the brief were William LaMarca and Raymond T. Chen, Associate Solicitors.

Alan M. Fisch, Kaye Scholer LLP, of Washington, DC, argued for defendant-appellee Thomas & Betts Corporation. With him on the brief were Jason F. Hoffman, Coke M. Stewart, R. William Sigler, and Kevin W. Jakel.

Before MICHEL, Chief Judge, LOURIE and LINN, Circuit Judges.


LINN, Circuit Judge.

In this case, we are called upon to determine which patents are subject to inter partes reexamination. Congress established the inter partes reexamination procedure as part of the American Inventors Protection Act of 1999, Pub.L. No. 106-113, §§ 4001-4808, 113 Stat. 1501, 1501A-552 to -591 ("AIPA"). Pursuant to section 4608 of the AIPA, the inter partes reexamination procedure is available for "any patent that issues from an original...

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