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ACOUSTIC TECHNOLOGY v. ITRON NETWORKED SOLUTIONS

2019-1061.

949 F.3d 1366 (2020)

ACOUSTIC TECHNOLOGY, INC., Appellant, v. ITRON NETWORKED SOLUTIONS, INC., Appellee.

United States Court of Appeals, Federal Circuit.

Decided: February 13, 2020.

Attorney(s) appearing for the Case

Michelle Armond , Armond Wilson LLP, Newport Beach, CA, argued for appellant. Also represented by Douglas R. Wilson , Austin, TX.

Adam R. Brausa , Durie Tangri LLP, San Francisco, CA, argued for appellee. Also represented by Mark A. Lemley .

Before Moore, Reyna, and Taranto, Circuit Judges.

On September 8, 2017, the Patent Trial and Appeal Board instituted inter partes review based on a petition filed by Silver Spring Networks, Inc. Nine days after institution, Silver Spring agreed to merge with Itron, Inc., an entity undisputedly time-barred under 35 U.S.C. § 315(b). Silver Spring and Itron completed...

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