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HUNTING TITAN, INC. v. DYNAENERGETICS EUROPE GMBH

2020-2163, 2020-2191.

28 F.4th 1371 (2022)

HUNTING TITAN, INC., Appellant v. DYNAENERGETICS EUROPE GMBH, 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: March 24, 2022.

Attorney(s) appearing for the Case

Jason Saunders , Arnold & Saunders, LLP, Houston, TX, argued for appellant. Also represented by Gordon Arnold , Christopher McKeon .

Barry J. Herman , Womble Bond Dickinson (US) LLP, Baltimore, MD, argued for cross-appellant. Also represented by William R. Hubbard ; Christine H. Dupriest , Preston Hamilton Heard , Atlanta, GA; Lisa Moyles , Jason Rockman , Moyles IP, LLC, Shelton, CT.

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

Concurring opinion filed by Circuit Judge Prost.

Hunting Titan, Inc. petitioned for inter partes review of claims 1-15 of U.S. Patent No. 9,581,422, asserting 16 grounds of unpatentability based on theories of anticipation and obviousness, including allegations that the claims were anticipated by Schacherer, U.S. Patent No. 9,689,223. The Board instituted trial on all grounds...

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