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BOT M8 LLC v. SONY INTERACTIVE ENTERTAINMENT LLC

2022-1291.

66 F.4th 1380 (2023)

BOT M8 LLC, Appellant v. SONY INTERACTIVE ENTERTAINMENT LLC, 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: May 9, 2023.

Attorney(s) appearing for the Case

Aaron M. Frankel , Kramer Levin Naftalis & Frankel LLP, New York, NY, argued for appellant. Also represented by Jeffrey Eng ; Paul J. Andre , James R. Hannah , Lisa Kobialka , Redwood Shores, CA.

Abran J. Kean , Erise IP, P.A., Greenwood Village, CO, argued for appellee. Also represented by Eric Allan Buresh , Overland Park, KS.

William LaMarca , Office of the Solicitor, United States Patent and Trademark Office, Alexandria, VA, argued for intervenor. Also represented by Michael S. Forman , Thomas W. Krause , Farheena Yasmeen Rasheed , Meredith Hope Schoenfeld .

Before Prost, Reyna, and Cunningham, Circuit Judges.

Bot M8 LLC ("Bot M8") appeals from a final written decision of the Patent Trial and Appeal Board ("Board") in an inter partes review ("IPR") determining all challenged claims of U.S. Patent No. 8,078,540 ("the '540 patent") unpatentable. We affirm.

BACKGROUND

Sony Interactive Entertainment LLC ("Sony") petitioned...

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