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AUTOMATED MERCHANDISING SYSTEMS, INC. v. LEE

No. 2014-1728.

782 F.3d 1376 (2015)

AUTOMATED MERCHANDISING SYSTEMS, INC., a Delaware Corporation, Plaintiff-Appellant v. Michelle K. LEE, Director, U.S. Patent and Trademark Office, in her official capacity as the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

April 10, 2015.

Attorney(s) appearing for the Case

James Daniel Berquist, Davidson Berquist Jackson & Gowdey, LLP, Arlington, VA, argued for plaintiff-appellant. Also represented by Donald Lee Jackson.

Megan Barbero, Appellate Staff, Civil Division, United States Department of Justice, Washington, DC, argued for defendant-appellee. Also represented by Mark R. Freeman,   Joyce R. Branda ; Nathan K. Kelley,   William Lamarca,   Lore A. Unt, Office of the Solicitor, United States Patent and Trademark Office, Alexandria, VA; Dana J. Boente,   David Moskowitz, Office of the United States Attorney for the Eastern District of Virginia, Alexandria, VA.

Before PROST, Chief Judge, TARANTO, Circuit Judge, and FOGEL, District Judge.

Automated Merchandising Systems, Inc. (AMS) petitioned the United States Patent and Trademark Office to terminate four pending inter partes reexaminations of four AMS patents that had been the subject of a patent-infringement suit between AMS and Crane Co., the requester of the reexaminations. After AMS and Crane entered...

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