884 F.3d 1364 (2018)

DELL INC., Appellant v. ACCELERON, LLC, Appellee.

United States Court of Appeals, Federal Circuit.

Decided: March 19, 2018.

Attorney(s) appearing for the Case

KEVIN J. MEEK , Baker Botts, LLP, Austin, TX, argued for appellant. Also represented by PAULA D. HEYMAN , JENNIFER LIBRACH NALL .

NORMAN ANDREW CRAIN , Thomas%CO-Horstemeyer LLP, Atlanta, GA, argued for appellee. Also represented by ROBERT GRAVOIS .

Before Moore, Reyna, and Taranto, Circuit Judges.

Dell Inc. appeals from a remand determination of the Patent Trial and Appeal Board. In the underlying inter partes review proceeding, the Board relied on new argument and evidence presented by Dell for the first time at oral argument, without providing Acceleron, LLC, an opportunity to respond. Both Dell and Acceleron...

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