IN RE AT & T INTELLECTUAL PROPERTY II, L.P.

2016-1830.

856 F.3d 991 (2017)

IN RE: AT & T INTELLECTUAL PROPERTY II, L.P., Appellant.

United States Court of Appeals, Federal Circuit.

Decided: May 10, 2017.


Attorney(s) appearing for the Case

CONSTANTINE L. TRELA, JR. , Sidley Austin LLP, Chicago, IL, argued for appellant. Also represented by CHRISTOPHER A. EISWERTH , JOSHUA JOHN FOUGERE , Washington, DC.

MICHAEL SUMNER FORMAN , Office of the Solicitor, United States Patent and Trademark Office, Alexandria, VA, argued for intervenor Michelle K. Lee. Also represented by NATHAN K. KELLEY , BENJAMIN T. HICKMAN , SCOTT WEIDENFELLER .

Before Dyk, Mayer, and Reyna, Circuit Judges.


AT & T appeals a final decision of the Patent Trial and Appeal Board in an inter partes reexamination. AT & T argues that the Board improperly instituted the reexamination proceedings and erred in finding that the challenged claims are invalid as anticipated. The Board did not exceed its statutory authority when...

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