Satco Products, Inc. v. Lighting Science Group Corp.

• Court: Court of Appeals for the Federal Circuit
• Decided: March 12, 2020
• Docket: 19-1639
• Status: Unpublished

Opinion

Case: 19-1639 Document: 56 Page: 1 Filed: 03/12/2020

NOTE: This disposition is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________

SATCO PRODUCTS, INC., Appellant

v.

LIGHTING SCIENCE GROUP CORPORATION, Appellee ______________________

2019-1639 ______________________

Appeal from the United States Patent and Trademark Office, Patent Trial and Appeal Board in No. IPR2017- 01639. ______________________

Decided: March 12, 2020 ______________________

ROBERT STEPHAN RIGG, Vedder Price PC, Chicago, IL, argued for appellant. Also represented by JOHN K. BURKE, SUDIP MITRA, DANIEL SHULMAN.

KAYVAN B. NOROOZI, Noroozi PC, Los Angeles, CA, ar- gued for appellee. ______________________

Before DYK, CHEN, and STOLL, Circuit Judges. Case: 19-1639 Document: 56 Page: 2 Filed: 03/12/2020

PER CURIAM. In this case, the Board found claim 15 of U.S. Patent No. 8,967,844 not unpatentable in view of Tickner and Van De Ven based on arguments solely related to the limita- tions of claim 1, from which claim 15 depends. The Board’s decision finding claim 15 of the ‘844 patent not unpatenta- ble in view of Tickner and Van De Ven is supported by sub- stantial evidence. In an earlier, related proceeding— IPR2017-01280—the Board found claim 1 of the ‘844 pa- tent, unpatentable over Chou and Wegner. On appeal, Pe- titioner has failed to argue that the Board’s decision invalidating claim 1 in the earlier proceeding abrogated the basis for the Board’s decision. See MaxLinear, Inc. v. CF CRESPE LLC, 880 F.3d 1373 (Fed. Cir. 2018). This argu- ment is thus waived. AFFIRMED