CATERPILLAR PAVING PRODUCTS v. WIRTGEN AMERICA

2020-1261.

957 F.3d 1342 (2020)

CATERPILLAR PAVING PRODUCTS INC., Appellant, v. WIRTGEN AMERICA, INC., Joseph Vogele AG, Appellees, 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.

May 6, 2020.


Attorney(s) appearing for the Case

Joshua Goldberg , Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, Washington, DC, for appellant. Also represented by Daniel Craig Cooley , Reston, VA.

Ralph Wilson Powers, III , Sterne Kessler Goldstein & Fox, Washington, DC, for appellees. Also represented by Donald Banowit , Tyler Dutton , Jon Wright ; Mark Andrew Kilgore , Ryan D. Levy , Seth R. Ogden , Patterson Intellectual Property Law, PC, Nashville, TN.

Monica Barnes Lateef , Office of the Solicitor, United States Patent and Trademark Office, Alexandria, VA, for intervenor. Also represented by Thomas W. Krause , Farheena Yasmeen Rasheed , Daniel Kazhdan .

Before Lourie, Dyk, and Reyna, Circuit Judges.


ORDER

At the behest of Wirtgen America, Inc., the Director of the United States Patent and Trademark Office, acting through the Patent Trial and Appeal Board, instituted inter partes review of Caterpillar Paving Products Inc.'s patent. The Board held a hearing on July 30, 2019 and issued its final written decision...

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