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CRFD RESEARCH, INC. v. MATAL

2016-2198 2016-2298 2016-2437.

876 F.3d 1330 (2017)

CRFD RESEARCH, INC., Appellant v. 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. CRFD Research, Inc., Appellant v. DISH Network Corporation, DISH DBS Corporation, DISH Network LLC, Echostar Corporation, Echostar Technologies LLC, Appellees. Hulu, LLC, Netflix, Inc., Spotify USA Inc., Appellants v. CRFD Research, Inc., Appellee.

United States Court of Appeals, Federal Circuit.

Decided: December 5, 2017.

Attorney(s) appearing for the Case

TAREK N. FAHMI , Ascenda Law Group, PC, San Jose, CA, argued for appellant in 2016-2198, 2016-2298 and for appellee in 2016-2437.

MARY L. KELLY , Office of the Solicitor, United States Patent and Trademark Office, Alexandria, VA, argued for intervenor in 2016-2198. Also represented by NATHAN K. KELLEY , MICHAEL SUMNER FORMAN , THOMAS W. KRAUSE , SCOTT WEIDENFELLER.

ELIOT DAMON WILLIAMS , Baker Botts LLP, Palo Alto, CA, argued for appellees in 2016-2298. Also represented by GEORGE HOPKINS GUY, III.

HARPER BATTS , Baker Botts LLP, Palo Alto, CA, argued for appellant Hulu, LLC, in 2016-2437. Also represented by ELIOT DAMON WILLIAMS ; MICHAEL HAWES , Houston, TX.

JOHN F. WARD , Kelley Drye & Warren, LLP, New York, NY, argued for appellants Netflix, Inc., Spotify USA Inc., in 2016-2437. Also represented by DAVID LINDENBAUM , MICHAEL J. ZINNA.

Before Newman, Mayer, and O'Malley, Circuit Judges.

Today we decide three appeals in companion cases from final written decisions of the United States Patent and Trademark Office ("PTO") Patent Trial and Appeal Board's ("Board") inter partes reviews ("IPRs") of U.S. Patent No. 7,191,233 ("the '233 patent"), owned by CRFD Research, Inc. ("CRFD"). Iron Dome LLC v. CRFD Research...

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