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MTD PRODUCTS INC. v. IANCU

2017-2292.

933 F.3d 1336 (2019)

MTD PRODUCTS INC., Appellant 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: August 12, 2019.

Attorney(s) appearing for the Case

John Salvatore Cipolla, Calfee, Halter & Griswold LLP, Cleveland, OH, argued for appellant. Also represented by Andrew Alexander, Tracy Scott Johnson, Mark McDougall.

Peter John Sawert, Office of the Solicitor, United States Patent and Trademark Office, Alexandria, VA, argued for intervenor. Also represented by Thomas W. Krause, Philip J. Warrick.

Before Reyna, Taranto, and Stoll, Circuit Judges.

The Toro Company sought inter partes review of claims 1-16 of U.S. Patent No. 8,011,458 before the U.S. Patent and Trademark Office's Patent Trial and Appeal Board. The Board instituted review and, in its final written decision, held the challenged claims obvious under 35 U.S.C. § 103. Critical to its decision, the Board...

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