VALENCELL, INC. v. FITBIT LLC , No. 21-2041 (Fed. Cir. 2023)

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Case: 21-2041 Document: 78 Page: 1 Filed: 12/07/2023 NOTE: This disposition is nonprecedential. United States Court of Appeals for the Federal Circuit ______________________ 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 ______________________ 2021-2041 ______________________ Appeal from the United States Patent and Trademark Office, Patent Trial and Appeal Board in Nos. IPR201700319, IPR2017-01555. ______________________ JUDGMENT ______________________ WILLIAM GABRIEL PAGAN, Coats & Bennett, PLLC, Cary, NC, argued for appellant. Also represented by DAVID E. BENNETT. Case: 21-2041 Document: 78 Page: 2 Filed: 12/07/2023 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 CAUSE having been heard and considered, it is ORDERED and ADJUDGED: PER CURIAM (MOORE, Chief Judge, DYK and STOLL, Circuit Judges). AFFIRMED. See Fed. Cir. R. 36. ENTERED BY ORDER OF THE COURT December 7, 2023 Date

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