14 F.4th 1342 (2021)

IN RE: VIVINT, INC., Appellant.

United States Court of Appeals, Federal Circuit.

Decided: September 29, 2021.

Attorney(s) appearing for the Case

William Milliken , Sterne Kessler Goldstein & Fox, PLLC, Washington, DC, argued for appellant. Also represented by Jason Daniel Eisenberg , Robert Greene Sterne .

Robert J. McManus , Office of the Solicitor, United States Patent and Trademark Office, Alexandria, VA, argued for appellee Andrew Hirshfeld. Also represented by Thomas W. Krause , Maureen Donovan Queler , Farheena Yasmeen Rasheed .

Before Moore, Chief Judge, Schall and O'Malley, Circuit Judges.

In 2011, Congress passed the Leahy-Smith America Invents Act (AIA), Pub. L. No. 112-29, 125 Stat. 284 (codified in scattered sections of title 35). Overhauling the patent system, Congress created new ways to reexamine the validity of issued patents. See id. "[I]n the post-AIA world, a patent can be reexamined either in...

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