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MICROSOFT CORP. v. BISCOTTI, INC.

2016-2080 2016-2082 2016-2083.

878 F.3d 1052 (2017)

MICROSOFT CORPORATION, Appellant v. BISCOTTI, INC., Appellee.

United States Court of Appeals, Federal Circuit.

Decided: December 28, 2017.

Attorney(s) appearing for the Case

CONSTANTINE L. TRELA, Jr. , Sidley Austin LLP, Chicago, IL, argued for appellant. Also represented by RICHARD ALAN CEDEROTH , DOUGLAS LEWIS ; JOSHUA JOHN FOUGERE , JOSEPH A. MICALLEF , Washington, DC.

JOHN C. O'QUINN , Kirkland & Ellis LLP, Washington, DC, argued for appellee. Also represented by WILLIAM H. BURGESS ; ADAM R. ALPER , San Francisco, CA; MICHAEL W. DE VRIES , Los Angeles, CA; AMANDA J. HOLLIS , Chicago, IL.

Dissenting opinion filed by Circuit Judge Newman.

Microsoft Corporation ("Microsoft") appeals from decisions of the Patent Trial and Appeal Board ("Board") in three separate inter partes review ("IPR") proceedings, in which the Board found that Microsoft failed to show by a preponderance of the evidence that the challenged claims of U.S. Patent No. 8,144,182 ("'182...

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