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K/S HIMPP v. HEAR-WEAR TECHNOLOGIES, LLC

No. 2013-1549.

751 F.3d 1362 (2014)

K/S HIMPP, Appellant, v. HEAR-WEAR TECHNOLOGIES, LLC, Appellee.

United States Court of Appeals, Federal Circuit.

May 27, 2014.

Attorney(s) appearing for the Case

Robert Greene Sterne , Sterne, Kessler, Goldstein & Fox PLLC, of Washington, DC, argued for appellant. With him on the brief were Jon E. Wright and Jason Eisenberg.

Sheila Kadura , Fulbright & Jaworski L.L.P., of Austin, Texas, argued for appellee. With her on the brief was Jonathan S. Franklin , of Washington, DC.

Before LOURIE, DYK, and WALLACH, Circuit Judges.

LOURIE, Circuit Judge.

K/S HIMPP ("HIMPP") appeals from the decision of the United States Patent and Trademark Office ("PTO") Board of Patent Appeals and Interferences ("Board") in an inter partes reexamination affirming the Central Reexamination Unit ("CRU") Examiner's decision not to reject claims 3 and 9 of U.S. Patent 7,016,512 (the "'512 patent") owned by Hear-Wear Technologies, L.L.C. ("Hear-Wear").* See K/S HIMPP v. Hear...

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