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CHRISTY, INC. v. U.S.

2019-1738.

971 F.3d 1332 (2020)

CHRISTY, INC., on Behalf of Itself and All Others Similarly Situated, Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

Filed: August 24, 2020.

Attorney(s) appearing for the Case

James F. McDonough, III , Heninger Garrison Davis, LLC, Atlanta, GA, for plaintiff-appellant. Also represented by Jonathan Robert Miller ; Timothy C. Davis , Birmingham, AL.

Scott R. Mcintosh , Appellate Staff, Civil Division, United States Department of Justice, Washington, DC, for defendant-appellee. Also represented by Ethan P. Davis , Gary Lee Hausken ; Sarah E. Craven , Michael S. Forman , Thomas W. Krause , Office of the Solicitor, United States Patent and Trademark Office, Alexandria, VA.

Before Lourie, Reyna, and Hughes, Circuit Judges.

Christy, Inc. asserts that the United States owes it just compensation for the Patent Trial and Appeal Board's cancellation of claims 1-18 of Christy's patent, U.S. Patent No. 7,082,640, in two inter partes reviews. Because the cancellation of a patent in an inter partes review does...

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