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Nestegg McMuffin

04/15/19 2:22 PM

#66148 RE: ytse #66140

My fave bits from panel decision...

A unanimous panel of this Court (Prost, Chief Judge, O’Malley and Stoll, Circuit Judges) correctly dismissed this consolidated appeal for lack of jurisdiction.

Finally, the panel explained that ARRIS’s reliance on Arthrex, Inc. v. Smith & Nephew, Inc., 880 F.3d 1345 (Fed. Cir. 2018), was misplaced.


Contrary to ARRIS’s argument (Pet. at 15), this Court’s decision in Arthrex, 880 F.3d at 1348-49, does not call for a departure from St. Jude – nor could it – consistent with Cuozzo and Wi-Fi One

patent owner can return to enforcing and licensing their patents.
Hell yeah!

CONCLUSION
ARRIS failed to show that the panel’s decision misapplies the law or creates any sort of conflict. ARRIS also failed to show that this case is one of exceptional importance.

The petition for rehearing en banc should therefore be denied.

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It's official. Arris's efforts here were a total waste of time -- as we could have told them.