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BELKIN INTERN., INC. v. KAPPOS

2012-1090. Reexamination No. 95/001,089.

696 F.3d 1379 (2012)

BELKIN INTERNATIONAL, INC., Cisco Linksys L.L.C., D-Link Systems, Inc., and Netgear, Inc., Appellants, v. David J. KAPPOS, Director, United States Patent and Trademark Office, Appellee, and Optimumpath, LLC, Appellee.

United States Court of Appeals, Federal Circuit.

October 2, 2012.

Attorney(s) appearing for the Case

David L. McCombs , Haynes and Boone, LLP, of Dallas, TX, argued for appellants. With him on the brief was Debra J. McComas .

Scott C. Weidenfeller , Associate Solicitor, United States Patent and Trademark Office, of Alexandria, VA, argued for appellee, United States Patent and Trademark Office. With him on the brief were Raymond T. Chen , Solicitor, and Nathan K. Kelley , Associate Solicitor.

Tony D. Alexander , Technology Legal Counsel, LLC, of Augusta, GA, argued for Appellee, Optimumpath, LLC.

Before RADER, Chief Judge, LOURIE and WALLACH, Circuit Judges.

LOURIE, Circuit Judge.

Belkin International, Inc. ("Belkin") appeals from the decision of the Board of Patent Appeals and Interferences of the United States Patent and Trademark Office ("PTO") on inter partes reexamination that it lacked jurisdiction to consider arguments based on three references that the Director had previously determined did not raise a substantial new question of patentability.1 Because the Board did not err...

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