![]() Dissenting opinion filed by Circuit Judge NEWMAN. Case: 21-1759 2 Document: 29 ATLANTA GAS LIGHT CO. ![]() Opinion for the court filed by Circuit Judge STOLL. _ Before NEWMAN, LOURIE, and STOLL, Circuit Judges. Porter, Jr., Brecksville, OH, argued for appellee. _ Decided: _ JOSHUA NATHANIEL MITCHELL, King & Spalding LLP, Washington, DC, argued for appellant. BENNETT REGULATOR GUARDS, INC., Appellee _ 2021-1759 _ Appeal from the United States Patent and Trademark Office, Patent Trial and Appeal Board in No. The Federal Circuit dismissed, holding that it lacked jurisdiction to review the Board’s decision to vacate its institution decision, a decision made based in part on the Board's evaluation of the time bar and changed Patent and Trademark Office policy.Ĭase: 21-1759 Document: 29 Page: 1 Filed: United States Court of Appeals for the Federal Circuit _ ATLANTA GAS LIGHT COMPANY, Appellant v. The Board then terminated the proceeding due in part to reconsideration of its decision on the time bar. On remand, the Federal Circuit affirmed the unpatentability determination on the merits and again remanded for the Board to reconsider and finalize its sanctions order. Before the Board acted, the Supreme Court held that time-bar determinations were unreviewable, "Thryv," (2020). The Federal Circuit held that Atlanta Gas should have been barred, vacated the unpatentability determination, and remanded with directions to dismiss the IPR and to further consider a sanctions order. 315(b) and determined that the challenged claims were unpatentable over the prior art. The Patent Trial and Appeal Board rejected Bennett’s argument that Atlanta Gas was time-barred from petitioning for IPR under 35 U.S.C. On July 18, 2013, Atlanta Gas filed an inter partes review (IPR) petition concerning the patent. ![]() That litigation was dismissed without prejudice for lack of personal jurisdiction. Atlanta Gas was served with the complaint on July 18, 2012. Bennett sued Atlanta Gas, a Georgia distributor of natural gas, for infringement of Bennett's patent, directed to an anti-icing device for a gas pressure regulator.
0 Comments
Leave a Reply. |