Caterpillar Inc. v. Wirtgen America, Inc., No. 19-2206 (Fed. Cir. Feb. 3, 2021) — Rule 36 Judgment

NOTE: This disposition is nonprecedential. United States Court of Appeals

for the Federal Circuit

CATERPILLAR INC.,

Appellant

WIRTGEN AMERICA, INC.,

Appellee

ANDREW HIRSHFELD, PERFORMING THE

FUNCTIONS AND DUTIES OF THE UNDER

SECRETARY OF COMMERCE FOR

INTELLECTUAL PROPERTY AND DIRECTOR OF THE UNITED STATES PATENT AND TRADEMARK

OFFICE,

Intervenor

2019-2206

Appeal from the United States Patent and Trademark Office, Patent Trial and Appeal Board in No. IPR2017-02188.

JUDGMENT

DAVID MROZ, Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, Washington, DC, argued for appellant.

2Also represented by JAMES R. BARNEY, JOSHUA GOLDBERG. RYAN D. LEVY, Patterson Intellectual Property Law, PC, Nashville, TN, argued for appellee. Also represented by MARK ANDREW KILGORE, SETH R. OGDEN, WILLIAM E. SEKYI, JOHN FRANCIS TRIGGS; RALPH WILSON POWERS, III, JON WRIGHT, DANIEL YONAN, Sterne Kessler Goldstein & Fox, PLLC, Washington, DC. MAI-TRANG DUC DANG, Office of the Solicitor, United States Patent and Trademark Office, Alexandria, VA, for intervenor. Also represented by THOMAS W. KRAUSE, FARHEENA YASMEEN RASHEED.

THIS CAUSE having been heard and considered, it is ORDERED and ADJUDGED:

PER CURIAM (O’MALLEY, MAYER, and TARANTO, Cir-

cuit Judges).

AFFIRMED. See Fed. Cir. R. 36.

ENTERED BY ORDER OF THE COURT

February 3, 2021 /s/ Peter R. Marksteiner

Date Peter R. Marksteiner

Clerk of Court

Text extracted from the official PDF and reflowed for reading. It is not a certified transcript — the PDF linked above is the authoritative document.

Cite this opinion

Caterpillar Inc. v. Wirtgen America, Inc., No. 19-2206 (Fed. Cir. Feb. 3, 2021).

Record ID

CAFC-19-2206-20210203

Permalink

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