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TROY v. SAMSON MANUFACTURING CORP.

No. 2013-1565.

758 F.3d 1322 (2014)

Stephen P. TROY, Jr., Plaintiff-Appellant, v. SAMSON MANUFACTURING CORPORATION, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

Rehearing Denied August 27, 2014.

Attorney(s) appearing for the Case

Damian R. Laplaca , Nelson Kinder + Mosseau PC, of Boston, MA, argued for plaintiff-appellant.

Laura L. Carroll , Burns & Levinson LLP, of Boston, MA, argued for defendant-appellee. With her on the brief was Zachary R. Gates. Of counsel was Howard Susser.

Robert J. McManus , Associate Solicitor, United States Patent and Trademark Office, of Alexandria, VA, argued for amicus curiae. With him on the brief were Nathan K. Kelley , Solicitor, Thomas W. Krause , Special Counsel for IP Litigation. Of counsel on the brief were Stuart F. Delery , Assistant Attorney General, Mark R. Freeman and Samantha L. Chaifetz , Attorneys, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC.

Before PROST, Chief Judge, BRYSON and MOORE, Circuit Judges.

MOORE, Circuit Judge.

Stephen P. Troy, Jr. appeals from the district court's judgment in a civil action under 35 U.S.C. § 146 and challenges the court's conclusion that the Board of Patent Appeals and Interferences (Board) properly cancelled the claims of U.S. Patent No. 7,216,451 ('451 patent) in an interference proceeding with Samson Manufacturing Corp. (Samson). Because the district court erred in refusing to consider evidence pertinent to the determination...

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