2014-1578 03-13-2015 VICOR CORPORATION, Appellant v. SYNQOR, INC., Appellee MATTHEW A. SMITH, Turner Boyd LLP, Redwood City, CA, argued for appellant. CONSTANTINE L. TRELA, JR., Sidley Austin LLP, Chicago, IL, argued for appellee. Also represented by JILL BROWNING, ARNOLD TURK, GARY V. HARKCOM, BRUCE HAROLD STONER, JR., Greenblum & Bernstein, P.L.C., Reston, VA. CLEVENGER, Circuit Judge. NOTE: This disposition is nonprecedential. Appeal from the United States Patent and Trademark Office, Patent Trial
(a) PATENT APPLICANT.-An applicant for a patent, any of whose claims has been twice rejected, may appeal from the decision of the primary examiner to the Patent Trial and Appeal Board, having once paid the fee for such appeal. (b) PATENT OWNER.-A patent owner in a reexamination may appeal from the final rejection of any claim by the primary examiner to the Patent Trial and Appeal Board, having once paid the fee for such appeal. 35 U.S.C. § 134 July 19, 1952, ch. 950, 66 Stat. 801; Pub. L. 98-622
If, in a determination made under the provisions of subsection 303(a), the Director finds that a substantial new question of patentability affecting any claim of a patent is raised, the determination will include an order for reexamination of the patent for resolution of the question. The patent owner will be given a reasonable period, not less than two months from the date a copy of the determination is given or mailed to him, within which he may file a statement on such question, including any
(a) INFRINGER'S CIVIL ACTION.- (1) POST-GRANT REVIEW BARRED BY CIVIL ACTION.-A post-grant review may not be instituted under this chapter if, before the date on which the petition for such a review is filed, the petitioner or real party in interest filed a civil action challenging the validity of a claim of the patent. (2) STAY OF CIVIL ACTION.-If the petitioner or real party in interest files a civil action challenging the validity of a claim of the patent on or after the date on which the petitioner