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IN RE TELES AG INFORMATIONSTECHNOLOGIEN

No. 2012-1297.

747 F.3d 1357 (2014)

In re TELES AG INFORMATIONSTECHNOLOGIEN and Sigram Schindler Beteiligungsgesellschaft MBH.

United States Court of Appeals, Federal Circuit.

April 4, 2014.

Attorney(s) appearing for the Case

Michael D. Kaminski , Foley & Lardner LLP, of Washington, DC, argued for appellants. With him on the brief were Howard N. Shipley , George E. Quillin , and Ryan A. Schmid.

Amy J. Nelson , Associate Solicitor, Office of the Solicitor, United States Patent and Trademark Office, of Arlington, Virginia argued for appellee. With her on the brief was Nathan K. Kelley , Deputy Solicitor. Of counsel was Scott C. Weidenfeller , Associate Solicitor.

Frank E. Scherkenbach , Fish & Richardson, P.C., of Boston, Massachusetts for amicus curiae. Of counsel on the brief was Craig E. Countryman , of San Diego, California; and Howard G. Pollack and Michael R. Headley , of Redwood City, California.

Before DYK, MOORE, and WALLACH, Circuit Judges.

DYK, Circuit Judge.

Teles AG Informationstechnologien and Sigram Schindler Beteiligungsgesellschaft MBH (collectively, "Teles") own all substantial rights in U.S. Patent No. 6,954,453 ("the '453 patent") on a method and apparatus for transmitting data in a telecommunications network. The Patent and Trademark Office ("PTO") conducted an ex parte reexamination of the '453 patent and rejected claims 34-36 and 38 as obvious under 35 U.S.C. § 103. The Board...

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