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DROPLETS, INC. v. E*TRADE BANK

2016-2504, 2016-2602.

887 F.3d 1309 (2018)

DROPLETS, INC., Appellant v. E*TRADE BANK, E*TRADE Financial Corporation, E*TRADE Securities, LLC, Scottrade Financial Services, Inc., Scottrade, Inc., TD Ameritrade Holding Corp., TD Ameritrade, Inc., Cross-Appellants v. Andrei Iancu, Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office, Intervenor.

United States Court of Appeals, Federal Circuit.

Decided: April 19, 2018.

Attorney(s) appearing for the Case

DANIEL LUKE GEYSER , Stris & Maher LLP, Los Angeles, CA, argued for appellant. Also represented by DOUGLAS D. GEYSER ; TIMOTHY BECHEN , Bechen PLLC, Richmond, VA.

MICHAEL T. ROSATO , Wilson, Sonsini, Goodrich & Rosati, PC, Seattle, WA, argued for cross-appellants. Also represented by ANDREW SWANSON BROWN ; MATTHEW A. ARGENTI , MICHAEL BRETT LEVIN , Palo Alto, CA; JOEL CHRISTIAN BOEHM , Austin, TX; RICHARD TORCZON , Washington, DC.

SARAH E. CRAVEN , Office of the Solicitor, United States Patent and Trademark Office, Alexandria, VA, argued for intervenor. Also represented by NATHAN K. KELLEY , THOMAS W. KRAUSE , PHILIP J. WARRICK .

Before Dyk, O'Malley, and Wallach, Circuit Judges.

E*TRADE Bank, E*TRADE Financial Corporation, E*TRADE Securities, LLC, Scottrade Financial Services, Inc., Scottrade, Inc., TD Ameritrade Holding Corp., and TD Ameritrade, Inc. (collectively, "E*TRADE") filed a petition for inter partes review ("IPR") of U.S. Patent No. 8,402,115 ("the '115 Patent"), owned by Droplets, Inc...

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