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SYNOPSYS, INC. v. LEE

No. 2015-1183.

812 F.3d 1076 (2016)

SYNOPSYS, INC., Plaintiff-Appellant v. Michelle K. LEE, Director, U.S. Patent and Trademark Office, and Under Secretary of Commerce for Intellectual Property, United States Patent And Trademark Office, Mentor Graphics Corporation, Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

February 10, 2016.

Attorney(s) appearing for the Case

Robert M. Loeb , Orrick, Herrington & Sutcliffe LLP, Washington, DC, argued for plaintiff-appellant. Also represented by Eric A. Shumsky , Jeremy Peterman ; Indra Neel Chatterjee , Menlo Park, CA; Andrew D. Silverman , New York, NY.

Melissa N. Patterson , Appellate Staff, Civil Division, United States Department of Justice, Washington, DC, argued for defendants-appellees Michelle K. Lee, United States Patent and Trademark Office. Also represented by Benjamin C. Mizer , Dana J. Boente , Mark R. Freeman ; David Moskowitz , Office of the United States Attorney for the Eastern District of Virginia, Alexandria, VA; Nathan K. Kelley , Jamie Lynne Simpson , Scott Weidenfeller , Office of the Solicitor, United States Patent and Trademark Office, Alexandria, VA.

Robert Allen Long, JR. , Covington & Burling LLP, Washington, DC, argued for defendant-appellee Mentor Graphics Corporation. Also represented by Kevin F. King ; Bradley Charles Wright , Banner & Witcoff, Ltd., Washington, DC.

Opinion for the court filed by Circuit Judge DYK. Dissenting opinion filed by Circuit Judge NEWMAN.

Synopsys, Inc. ("Synopsys") brought a suit in district court under the Administrative Procedure Act ("APA") seeking to invalidate the Patent and Trademark Office's ("PTO") regulation that allows the Patent Trial and Appeal Board ("the Board") to institute inter partes review on "all or some of the challenged claims" 37 C.F.R...

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