Document Security Systems, Inc v. Nichia Corporation, No. 20-1383 (Fed. Cir. May 14, 2021)

NOTE: This disposition is nonprecedential.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

for the Federal Circuit

DOCUMENT SECURITY SYSTEMS, INC.,

Appellant

v.

NICHIA CORPORATION, CREE, INC.,

Appellees

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

2020-1383

Appeal from the United States Patent and Trademark Office, Patent Trial and Appeal Board in Nos. IPR2018-01166, IPR2019-00506.

JUDGMENT

BRIAN DAVID LEDAHL, Russ August & Kabat, Los Angeles, CA, argued for appellant. Also represented by AMY

2HAYDEN, PAUL ANTHONY KROEGER.

THOMAS R. MAKIN, Shearman & Sterling LLP, New York, NY, argued for appellee Nichia Corporation. Also represented by DAVID JEFFREY COOPERBERG, ERIC SEBASTIAN LUCAS; MATT BERKOWITZ, PATRICK ROBERT COLSHER, Menlo Park, CA. BLANEY HARPER, Jones Day, Washington, DC, for appellee Cree, Inc. Also represented by JOSHUA R. NIGHTINGALE, Pittsburgh, PA. MARY L. KELLY, Office of the Solicitor, United States Patent and Trademark Office, Alexandria, VA, for intervenor. Also represented by THOMAS W. KRAUSE, MAUREEN DONOVAN QUELER, FARHEENA YASMEEN RASHEED.

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