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TELES AG v. KAPPOS

Civil Action No. 11-00476 (BAH).

846 F.Supp.2d 102 (2012)

TELES AG, et al., Plaintiffs, v. David J. KAPPOS, Under Secretary of Commerce for Intellectual Property and Director, United States Patent and Trademark Office, Defendant.

United States District Court, District of Columbia.

March 5, 2012.

Attorney(s) appearing for the Case

James Wilson Dabney, Douglas W. Baruch, Fried, Frank, Harris, Shriver & Jacobson LLP, Washington, DC, for Plaintiffs.

Mercedeh Momeni, U.S. Attorney's Office, Washington, DC, for Defendant.

MEMORANDUM OPINION

BERYL A. HOWELL, District Judge.

This suit, arising out of the United States Patent and Trademark Office's (the "PTO") rejection of claims 34-36 and 38 of U.S. Patent No. 6,954,453 B1, presents a question of statutory construction that has not yet been addressed by this or other Circuits. The plaintiffs are patent owners, TELES AG and Sigram Schindler Beteiligungsgesellschaft mbH (collectively, "Teles"), who brought suit under section...

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