ESIP SERIES 2, LLC v. PUZHEN LIFE USA, LLC

2019-1659.

958 F.3d 1378 (2020)

ESIP SERIES 2, LLC, Appellant, v. PUZHEN LIFE USA, LLC, Appellee

United States Court of Appeals, Federal Circuit.

Decided: May 19, 2020.


Attorney(s) appearing for the Case

Gordon K. Hill , Pate Baird, Salt Lake City, UT, argued for appellant. Also argued by Alma John Pate .

Mark A. Miller , Dorsey & Whitney LLP, Salt Lake City, UT, argued for appellee. Also represented by Elliot Hales ; Gregory Stuart Smith , Law Offices of Gregory S. Smith, Washington, DC.

Before Lourie, Reyna, and Hughes, Circuit Judges.


ESIP Series 2, LLC, appeals a decision of the Patent Trial and Appeal Board that certain claims of ESIP's patent are invalid as obvious. ESIP also contends that the Board should not have instituted inter partes review because appellee Puzhen failed to identify "all real parties in interest" as required by 35 U.S.C. § 312...

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