No. 20-737

B/E Aerospace, Inc. v. C&D Zodiac, Inc.

Lower Court: Federal Circuit
Docketed: 2020-11-27
Status: Denied
Type: Paid
Response Waived
Tags: administrative-procedure america-invents-act inter-partes-review obviousness patent-challenge patent-validity printed-publications prior-art statutory-interpretation
Latest Conference: 2021-01-08
Question Presented (from Petition)

In an inter partes review proceeding under 35 U.S.C. § 311(b), does the Board have authority to consider unpatentability on a ground of obviousness that is not "only on the basis of prior art consisting of patents or printed publications?"

Question Presented (AI Summary)

Whether the Board has authority to consider unpatentability on a ground of obviousness that is not 'only on the basis of prior art consisting of patents or printed publications' in an inter partes review proceeding under 35 U.S.C. § 311(b)

Docket Entries

2021-01-11
Petition DENIED. Justice Breyer and Justice Alito took no part in the consideration or decision of this petition.
2020-12-09
DISTRIBUTED for Conference of 1/8/2021.
2020-12-04
Waiver of right of respondent C&D Zodiac, Inc. to respond filed.
2020-11-23
Petition for a writ of certiorari filed. (Response due December 28, 2020)

Attorneys

B/E Aerospace, Inc.
Patrick J. CoyneFinnegan, Henderson, Farabow, Garrett & Dunner, LLP, Petitioner
C&D Zodiac, Inc.
John Charles AlemanniKilpatrick Townsend & Stockton, LLP, Respondent