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SEC. PEOPLE, INC. v. IANCU

2019-2118.

971 F.3d 1355 (2020)

SECURITY PEOPLE, INC., Plaintiff-Appellant, v. Andrei IANCU, Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office, United States Patent and Trademark Office, Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

Decided: August 20, 2020.

Attorney(s) appearing for the Case

Frear Stephen Schmid , San Francisco, CA, for plaintiff-appellant.

Leif Eric Overvold , Appellate Staff, Civil Division, United States Department of Justice, Washington, DC, for defendants-appellees. Also represented by Scott R. McIntosh , Ethan P. Davis ; David L. Anderson , United States Attorney's Office, San Francisco, CA; Mary L. Kelly , Thomas W. Krause , Farheena Yasmeen Rasheed , Office of the Solicitor, United States Patent and Trademark Office, Alexandria, VA.

Before Lourie, Wallach, and Hughes, Circuit Judges.

Security People, Inc., appeals the district court's dismissal of its Administrative Procedure Act suit challenging the constitutionality of the cancellation of its patent in an inter partes review proceeding. Because Congress foreclosed the possibility of collateral APA review of inter partes review decisions by district courts...

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