CUPP COMPUTING AS v. TREND MICRO INC.

2020-2262, 2020-2263, 2020-2264.

53 F.4th 1376 (2022)

CUPP COMPUTING AS, Appellant v. TREND MICRO INC., Appellee Katherine K. Vidal, 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: November 16, 2022.


Attorney(s) appearing for the Case

Paul J. Andre , Kramer Levin Naftalis & Frankel LLP, Redwood Shores, CA, argued for appellant. Also represented by James R. Hannah ; Cristina Martinez , Jeffrey Price , New York, NY.

Robert Buergi , DLA Piper LLP (US), East Palo Alto, CA, argued for appellee. Also represented by Mark D. Fowler ; Stanley Joseph Panikowski, III , San Diego, CA.

Michael S. Forman , Office of the Solicitor, United States Patent and Trademark Office, Alexandria, VA, argued for intervenor. Also represented by Sarah E. Craven , Thomas W. Krause , Farheena Yasmeen Rasheed .

Before Dyk, Taranto, and Stark, Circuit Judges.


CUPP Computing AS ("CUPP") appeals three inter partes review ("IPR") decisions of the Patent Trial and Appeal Board ("Board") concluding that petitioner Trend Micro Inc. had shown challenged claims in CUPP's U.S. Patents Nos. 8,631,488 ("'488 patent"), 9,106,683 ("'683 patent"), and...

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