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BLUE CALYPSO, LLC v. GROUPON, INC.

Nos. 2015-1391, 2015-1393, 2015-1394, 2015-1396, 2015-1397, 2015-1398, 2015-1399, 2015-1401.

815 F.3d 1331 (2016)

BLUE CALYPSO, LLC, Appellant, v. GROUPON, INC., Cross-Appellant. Groupon, Inc., Appellant, Blue Calypso, LLC, Appellee. Blue Calypso, LLC, Appellant, Groupon, Inc., Cross-Appellant. Blue Calypso, LLC, Appellant, Groupon, Inc., Cross-Appellant.

United States Court of Appeals, Federal Circuit.

March 1, 2016.

Attorney(s) appearing for the Case

David Brandon Conrad , Fish & Richardson P.C., Dallas, TX, argued for appellant. Also represented by Carl Edward Bruce ; John C. Phillips , San Diego, CA; John A. Dragseth , Minneapolis, MN.

Jeanne Marie Gills , Foley & Lardner LLP, Chicago, IL, argued for appellee and cross-appellant. Also represented by Jason Jon Keener , Aaron Jacob Weinzierl .

Kakoli Caprihan , Office of the Solicitor, United States Patent and Trademark Office, Alexandria, VA, argued for intervenor Michelle K. Lee . Also represented by Thomas W. Krause , Scott Weidenfeller , Benjamin T. Hickman .

Opinion for the court filed by Circuit Judge CHEN. Opinion dissenting-in-part filed by Circuit Judge SCHALL.

These related appeals arise from five Covered Business Method (CBM) reviews of five patents owned by Blue Calypso, LLC (Blue Calypso): U.S. Patent No. 7,664,516 (the `516 patent), U.S. Patent No. 8,155,679 (the `679 patent), U.S. Patent No. 8,457,670 (the `670 patent), U.S. Patent No. 8,438,055 (the `055 patent), and U.S. Patent...

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