Opinion
2019-2152
05-14-2020
LONE STAR SILICON INNOVATIONS, LLC, Appellant v. NANYA TECHNOLOGY CORPORATION, NANYA TECHNOLOGY CORPORATION U.S.A., NANYA TECHNOLOGY CORPORATION DELAWARE, Appellees
NOTE: This order is nonprecedential. Appeal from the United States Patent and Trademark Office, Patent Trial and Appeal Board in No. IPR2018-00063. Before CHEN, HUGHES, and STOLL, Circuit Judges. CHEN, Circuit Judge.
ORDER
Nanya Technology Corporation, Nanya Technology Corporation Delaware, and Nanya Technology Corporation U.S.A. (collectively, Nanya) petitioned for inter partes review of claims 1, 3, 4, 11, 13, and 14 of U.S. Patent No. 6,097,061 (the '061 patent) owned by Lone Star Silicon Innovations, LLC (Lone Star). In its Final Written Decision, the Patent Trial and Appeal Board (Board) held that all the challenged claims are unpatentable under both Nanya's and Lone Star's proposed claim constructions for the phrase "a channel region formed in the semiconductor substrate." Nanya Tech. Corp. v. Lone Star Silicon Innovations LLC, No. IPR2018-00063 (P.T.A.B. May 15, 2019). Lone Star appeals the Board's decision.
In a decision issued today in an appeal from a separate IPR on the same patent, we affirmed the Board's decision holding claims 1, 3-6, 11, and 13-16 of the '061 patent unpatentable. Lone Star Silicon Innovations LLC v. Iancu, No. 19-1556, — F. App'x — (Fed. Cir. May 14, 2020). Thus, this appeal is moot in light of that decision. Cisco Sys., Inc. v. TQ Delta, LLC, 928 F.3d 1359, 1361 (Fed. Cir. 2019).
IT IS ORDERED THAT:
Accordingly, this appeal is dismissed as moot in light of our affirmance in Lone Star Silicon Innovations LLC v. Iancu, No. 19-1556, — F. App'x — (Fed. Cir. May 14, 2020), which invalidated all of the claims at issue in this appeal. Each party shall bear its own costs.
FOR THE COURT
May 14, 2020
Date
/s/ Peter R. Marksteiner
Peter R. Marksteiner
Clerk of Court