Opinion
2021-2041
12-07-2023
VALENCELL, INC., Appellant v. FITBIT LLC, Appellee KATHERINE K. VIDAL, UNDER SECRETARY OF COMMERCE FOR INTELLECTUAL PROPERTY AND DIRECTOR OF THE UNITED STATES PATENT AND TRADEMARK OFFICE, Intervenor
WILLIAM GABRIEL PAGAN, Coats &Bennett, PLLC, Cary, NC, argued for appellant. Also represented by DAVID E. BENNETT. NATHAN K. KELLEY, Perkins Coie LLP, Washington, DC, argued for appellee. Also represented by DAN L. BAGATELL, Hanover, NH; THERESA H. NGUYEN, Seattle, WA; JAMES M. GLASS, Quinn Emanuel Urquhart &Sullivan, LLP, New York, NY; SAM STEPHEN STAKE, OGNJEN ZIVOJNOVIC, San Francisco, CA. KAKOLI CAPRIHAN, Office of the Solicitor, United States Patent and Trademark Office, Alexandria, VA, for intervenor. Also represented by WILLIAM LAMARCA, FARHEENA YASMEEN RASHEED.
This disposition is nonprecedential.
Appeal from the United States Patent and Trademark Office, Patent Trial and Appeal Board in Nos. IPR2017-00319, IPR2017-01555.
WILLIAM GABRIEL PAGAN, Coats &Bennett, PLLC, Cary, NC, argued for appellant. Also represented by DAVID E. BENNETT.
NATHAN K. KELLEY, Perkins Coie LLP, Washington, DC, argued for appellee. Also represented by DAN L. BAGATELL, Hanover, NH; THERESA H. NGUYEN, Seattle, WA; JAMES M. GLASS, Quinn Emanuel Urquhart &Sullivan, LLP, New York, NY; SAM STEPHEN STAKE, OGNJEN ZIVOJNOVIC, San Francisco, CA.
KAKOLI CAPRIHAN, Office of the Solicitor, United States Patent and Trademark Office, Alexandria, VA, for intervenor. Also represented by WILLIAM LAMARCA, FARHEENA YASMEEN RASHEED.
MOORE, Chief Judge, DYK and STOLL, Circuit Judges.
JUDGMENT
PER CURIAM
THIS CAUSE having been heard and considered, it is ORDERED and ADJUDGED:
AFFIRMED. See Fed. Cir. R. 36.