Caterpillar Inc. v. Wirtgen America, Inc., No. 19-2294 (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NOTE: This disposition is nonprecedential.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.,

Cross-Appellant

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

2019-2294, 2019-2338

Appeals from the United States Patent and Trademark Office, Patent Trial and Appeal Board in No. IPR2017-02185.

JUDGMENT

JAMES R. BARNEY, Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, Washington, DC, argued for

2appellant. Also represented by JOSHUA GOLDBERG, ALEXANDER EDISON HARDING, DAVID MROZ.

RALPH WILSON POWERS, III, Sterne Kessler Goldstein & Fox, PLLC, Washington, DC, argued for cross-appellant. Also represented by JON WRIGHT; MARK ANDREW KILGORE, RYAN D. LEVY, SETH R. OGDEN, WILLIAM E. SEKYI, JOHN FRANCIS TRIGGS, Patterson Intellectual Property Law, PC, Nashville, TN. BRIAN RACILLA, 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. 19-2294 (Fed. Cir. Feb. 3, 2021).

Record ID

CAFC-19-2294-20210203

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