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UNILOC 2017 LLC v. HULU, LLC

2019-1686.

966 F.3d 1295 (2020)

UNILOC 2017 LLC, Appellant v. HULU, LLC, Netflix, Inc., 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.

Decided: July 22, 2020.

Attorney(s) appearing for the Case

Brian Matthew Koide , Etheridge Law Group, Southlake, TX, argued for appellant. Also represented by James Etheridge , Ryan S. Loveless , Brett Mangrum .

Nathan K. Kelley , Perkins Coie, LLP, Washington, DC, argued for appellees. Also represented by Dan L. Bagatell , Hanover, NH; Andrew Dufresne , Madison, WI; Matthew Cook Bernstein , San Diego, CA; Bobbie J. Wilson , San Francisco, CA; Daniel T. Shvodian , Palo Alto, CA.

Farheena Yasmeen Rasheed , Office of the Solicitor, United States Patent and Trademark Office, Alexandria, VA, argued for intervenor Andrei Iancu. Also represented by Joseph Matal , Thomas W. Krause ; Melissa N. Patterson , Appellate Staff, Civil Division, United States Department of Justice, Washington, DC. Also argued by Jeffrey Eric Sandberg , Appellate Staff, Civil Division, United States Department of Justice, Washington, DC.

Adam Howard Charnes , Kilpatrick Townsend & Stockton LLP, Dallas, TX, for amicus curiae Askeladden L.L.C. Also represented by John Steven Gardner , Chris William Haaf , Winston-Salem, NC.

Dissenting opinion filed by Circuit Judge O'MALLEY.

Appellant Uniloc 2017 LLC ("Uniloc") appeals the U.S. Patent and Trademark Office's ("USPTO") Patent Trial and Appeal Board's ("PTAB") denial of its motion for rehearing in the inter partes review ("IPR") of Uniloc's U.S. Patent No. 8,566,960 ("the '960 patent"), arguing that "[t]he PTAB misapprehended the law in concluding...

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