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QUALCOMM INC. v. APPLE INC.

2020-1558, 2020-1559.

24 F.4th 1367 (2022)

QUALCOMM INCORPORATED, Appellant, v. APPLE INC., 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: February 1, 2022.

Attorney(s) appearing for the Case

Jennifer L. Swize , Jones Day, Washington, DC, argued for appellant. Also represented by Robert Breetz , David B. Cochran , David Michael Maiorana , Joseph M. Sauer , Cleveland, OH; Matthew Johnson , Joshua R. Nightingale , Pittsburgh, PA; Israel Sasha Mayergoyz , Chicago, IL.

Lauren Ann Degnan , Fish & Richardson PC, Washington, DC, argued for appellee. Also represented by Michael John Ballanco , Christopher Dryer ; Whitney Reichel , Boston, MA.

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

Before Taranto, Bryson, and Chen, Circuit Judges.

Qualcomm Inc. (Qualcomm) appeals from two related inter partes review (IPR) decisions of the Patent Trial and Appeal Board (Board) finding several claims of Qualcomm's U.S. Patent No. 8,063,674 ('674 patent) unpatentable under 35 U.S.C. § 103.1 To reach its unpatentability finding, the...

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