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NIDEC MOTOR CORP. v. ZHONGSHAN BROAD OCEAN MOTOR

2016-2321.

868 F.3d 1013 (2017)

NIDEC MOTOR CORPORATION, Appellant v. ZHONGSHAN BROAD OCEAN MOTOR CO. LTD., Broad Ocean Motor LLC, Broad Ocean Technologies LLC, Appellees. Joseph MATAL, Performing the Functions and Duties of the Under Secretary of Commerce for Intellectual Property and Director, U.S. Patent and Trademark Office, Intervenor.

United States Court of Appeals, Federal Circuit.

Decided: August 22, 2017.

Attorney(s) appearing for the Case

SCOTT R. BROWN , Hovey Williams LLP, Overland Park, KS, argued for appellant. Also represented by MATTHEW B. WALTERS ; CHRISTOPHER MICHAEL HOLMAN , University of Missouri-Kansas City School of Law, Kansas City, MO.

STEVEN F. MEYER , Locke Lord LLP, New York, NY, argued for appellees. Also represented by JOSEPH ANTHONY FARCO ; CHARLES BAKER , Houston, TX.

NATHAN K. KELLEY , Office of the Solicitor, United States Patent and Trademark Office, Alexandria, VA argued for intervenor. Also represented by FRANCES LYNCH , JOSEPH MATAL , SCOTT WEIDENFELLER , DAVID R. MARSH , Arnold & Porter Kaye Scholer LLP, Washington, DC, for amicus curiae Biotechnology Innovation Organization. Also respresented by SEAN MICHAEL CALLAGY , San Francisco, CA.

Before Dyk, Reyna, and Wallach, Circuit Judges.

Nidec Motor Corporation ("Nidec") appeals a final written decision of the Patent Trial and Appeal Board ("Board") in an inter partes review ("IPR"). The Board determined that claims 1-3, 8, 9, 12, 16, and 19 of U.S. Patent No. 7,626,349 (the "'349 Patent") are invalid as anticipated or obvious. We affirm....

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