CATERPILLAR INC. v. WIRTGEN AMERICA, INC. , No. 19-2206 (Fed. Cir. 2021)

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Case: 19-2206 Document: 72 Page: 1 Filed: 02/03/2021 NOTE: This disposition is nonprecedential. United States Court of Appeals for the Federal Circuit ______________________ CATERPILLAR INC., Appellant v. WIRTGEN AMERICA, INC., Appellee ANDREW HIRSHFELD, PERFORMING THE FUNCTIONS AND DUTIES OF THE UNDER SECRETARY OF COMMERCE FOR INTELLECTUAL PROPERTY AND DIRECTOR OF THE UNITED STATES PATENT AND TRADEMARK OFFICE, Intervenor ______________________ 2019-2206 ______________________ Appeal from the United States Patent and Trademark Office, Patent Trial and Appeal Board in No. IPR201702188. ______________________ JUDGMENT ______________________ DAVID MROZ, Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, Washington, DC, argued for appellant. Case: 19-2206 Document: 72 Page: 2 Filed: 02/03/2021 Also represented by JAMES R. BARNEY, JOSHUA GOLDBERG. RYAN D. LEVY, Patterson Intellectual Property Law, PC, Nashville, TN, argued for appellee. Also represented by MARK ANDREW KILGORE, SETH R. OGDEN, WILLIAM E. SEKYI, JOHN FRANCIS TRIGGS; RALPH WILSON POWERS, III, JON WRIGHT, DANIEL YONAN, Sterne Kessler Goldstein & Fox, PLLC, Washington, DC. MAI-TRANG DUC DANG, Office of the Solicitor, United States Patent and Trademark Office, Alexandria, VA, for intervenor. Also represented by THOMAS W. KRAUSE, FARHEENA YASMEEN RASHEED. ______________________ THIS CAUSE having been heard and considered, it is ORDERED and ADJUDGED: PER CURIAM (O’MALLEY, MAYER, and TARANTO, Circuit Judges). AFFIRMED. See Fed. Cir. R. 36. ENTERED BY ORDER OF THE COURT February 3, 2021 Date /s/ Peter R. Marksteiner Peter R. Marksteiner Clerk of Court

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