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CHEMOURS COMPANY FC, LLC v. DAIKIN INDUSTRIES

2020-1289, 2020-1290.

4 F.4th 1370 (2021)

CHEMOURS COMPANY FC, LLC, Appellant, v. DAIKIN INDUSTRIES, LTD., Daikin America, Inc., Appellees 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: July 22, 2021.

Attorney(s) appearing for the Case

Nitika Gupta Fiorella , Fish & Richardson, PC, Wilmington, DE, argued for appellant. Also represented by Martina Tyreus Hufnal ; Timothy Rawson , San Diego, CA.

Gregory A. Castanias , Jones Day, Washington, DC, argued for appellees. Also represented by John Charles Evans , David Michael Maiorana , Cleveland, OH; Anthony Insogna , San Diego, CA.

Monica Barnes Lateef , Office of the Solicitor, United States Patent and Trademark Office, Alexandria, VA, for intervenor. Also represented by Thomas W. Krause , Maureen Donovan Queler , Farheena Yasmeen Rasheed.

Opinion concurring in part and dissenting in part filed by Circuit Judge Dyk.

Chemours Company FC, LLC, appeals the final written decisions of the Patent Trial and Appeal Board from two inter partes reviews brought by Daikan Industries, Ltd., et al. Chemours argues on appeal that the Board erred in its obviousness factual findings and did not provide adequate support for its analysis of objective indicia...

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