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MOBILITY WORKX, LLC v. UNIFIED PATENTS, LLC

2020-1441.

15 F.4th 1146 (2021)

MOBILITY WORKX, LLC, Appellant v. UNIFIED PATENTS, LLC, Appellee. 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: October 13, 2021.

Attorney(s) appearing for the Case

David A. Randall , Hackler Daghighian Martino & Novak, Los Angeles, CA, argued for appellant. Also represented by Michael Machat , Law Offices of Michael Machat, PC, West Hollywood, CA.

Jason R. Mudd , Erise IP, P.A., Overland Park, KS, argued for appellee. Also represented by Eric Allan Buresh ; Ashraf Fawzy , Jonathan Rudolph Kominek Stroud , Unified Patents, LLC, Washington, DC.

Dana Kaersvang , Civil Division, Appellate Staff, United States Department of Justice, Washington, DC, argued for intervenor. Also represented by Melissa N. Patterson ; Kakoli Caprihan , Sarah E. Craven , Thomas W. Krause , Farheena Yasmeen Rasheed , Office of the Solicitor, United States Patent and Trademark Office, Alexandria, VA.

Robert Greenspoon , Dunlap, Bennett, & Ludwig, PLLC, Chicago, IL, for amicus curiae US Inventor, Inc.

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

Mobility Workx ("Mobility") appeals a decision of the Patent Trial and Appeal Board ("Board") determining that claims 1, 2, 4, 5, and 7 of U.S. Patent No. 8,213,417 (the "'417 patent") were unpatentable as obvious. In addition to requesting a remand under United States v. Arthrex, Inc., ___ U.S. ___, 141 S.Ct. 1970, 210...

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