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CYWEE GROUP LTD. v. ZTE (USA), INC.

2021-1855.

90 F.4th 1358 (2024)

CYWEE GROUP LTD., Appellant v. ZTE (USA), INC., LG Electronics Inc., Appellees 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: January 18, 2024.

Attorney(s) appearing for the Case

Jay P. Kesan , DiMuroGinsberg, P.C., Tysons Corner, VA, argued for appellant. Also represented by Cecil E. Key ; William D. Ellerman , Ari Rafilson , McKool Smith, P.C., Dallas, TX; Henning Schmidt , Stradling Yocca Carlson & Rauth LLP, Austin, TX; Michael W. Shore , The Shore Firm, Dallas, TX.

Steven A. Moore , Dority & Manning, San Diego, CA, for appellee ZTE (USA), Inc. Also represented by Nicole Cunningham .

William R. Peterson , Morgan, Lewis & Bockius LLP, Houston, TX, argued for appellee LG Electronics Inc. Also represented by Dion Michael Bregman , Alexander Stein , Palo Alto, CA; Andrew V. Devkar , Los Angeles, CA; Julie S. Goldemberg , Philadelphia, PA.

Michael S. Forman , Office of the Solicitor, United States Patent and Trademark Office, Alexandria, VA, argued for intervenor. Also represented by Kakoli Caprihan , Farheena Yasmeen Rasheed .

Before Prost, Hughes, and Stoll, Circuit Judges.

CyWee Group Ltd. ("CyWee") appeals from an inter partes review ("IPR") final written decision by the U.S. Patent Trial and Appeal Board ("Board") determining that claims 1, 4-5, 14-17, and 19 of U.S. Patent No. 8,441,438 ("the '438 patent") are unpatentable and denying CyWee's revised motion to amend its claims. ZTE (USA...

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