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UNILOC 2017 LLC v. APPLE INC.

2020-1403, 2020-1404.

996 F.3d 1368 (2021)

UNILOC 2017 LLC, Appellant v. APPLE INC., Cross-Appellant Andrew Hirshfeld, Performing the Functions and Duties of the 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: May 12, 2021.

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 , Jeffrey A. Stephens.

Kevin Scott Prussia , Wilmer Cutler Pickering Hale and Dorr LLP, Boston, MA, argued for cross-appellant. Also represented by Mark Christopher Fleming ; Cristina Salcedo , Los Angeles, CA.

Mary L. Kelly , Office of the Solicitor, United States Patent and Trademark Office, Alexandria, VA, for intervenor. Also represented by Sarah E. Craven , Michael S. Forman , Daniel Kazhdan , Thomas W. Krause , Farheena Yasmeen Rasheed.

Before Prost, Chief Judge, Bryson and Reyna, Circuit Judges.

Uniloc 2017 LLC appeals from a decision of the Patent Trial and Appeal Board in an inter partes review of Uniloc's U.S. Patent No. 8,539,552 ("the '552 patent"). The Board held claims 1-17 and 23-25 of the '552 patent invalid for obviousness in view of U.S. Patent No. 6,324,279 to Kalmanek et al. ("Kalmanek"). Uniloc...

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