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WI-FI ONE, LLC v. BROADCOM CORP.

2015-1944.

887 F.3d 1329 (2018)

WI-FI ONE, LLC, Appellant v. BROADCOM CORPORATION, Appellee 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 20, 2018.

Attorney(s) appearing for the Case

DONALD PUCKETT , Nelson Bumgardner PC, Fort Worth, TX, for appellant. Also represented by DOUGLAS AARON CAWLEY , McKool Smith, PC, Dallas, TX; PETER J. AYERS , Law Office of Peter J. Ayers, Austin, TX.

DOMINIC E. MASSA , Wilmer Cutler Pickering Hale and Dorr LLP, Boston, MA, for appellee. Also represented by KEVIN GOLDMAN , KATIE SAXTON .

NATHAN K. KELLEY , Office of the Solicitor, United States Patent and Trademark Office, Alexandria, VA, for intervenor. Also represented by KAKOLI CAPRIHAN , BENJAMIN T. HICKMAN , THOMAS W. KRAUSE , FRANCES LYNCH ; JOYCE R. BRANDA , MARK R. FREEMAN , MELISSA N. PATTERSON , NICHOLAS RILEY , Appellate Staff, Civil Division, United States Department of Justice, Washington, DC.

Dissenting opinion filed by Circuit Judge Reyna.

These three consolidated cases return to the panel on remand from the en banc court. That court reviewed, and overturned, the panel's decision that time-bar determinations by the Patent Trial and Appeal Board ("PTAB" or "Board") in inter partes review proceedings are not appealable...

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