SATCO PRODUCTS INC v. LIGHTING SCIENCE GROUP CORPORATION (2020)

Satco Products, Inc. appeals the determination of the Patent Trial and Appeal Board that claims 1, 2, 6, 11, 14, 15, and 19–23 of U.S. Patent No. 8,201,968 are not anticipated or, in combination with other prior art references, rendered obvious by U.S. Patent No. 7,670,021. The issues in this case are identical to the issues presented to us in Technical Consumer Products Inc. v. Lighting Science Group Corp., No. 19-1361, 955 F.3d 16, 2020 WL 1696642 (Fed. Cir. Apr. 8, 2020), issued herewith. For the reasons stated in that opinion, and because claims 2 and 6 of the ’968 patent are the only remaining challenged claims in this case,¹ we vacate the Board’s decision of no anticipation or obviousness of claims 2 and 6 and remand for consideration of the parties’ remaining arguments pertaining to those claims.

VACATED AND REMANDED

Costs

Costs to Appellant.

FOOTNOTES

1.   Claims 1, 11, 14, 15, and 19–23 of the ’968 patent were determined to be unpatentable in Technical Consumer Products, Inc. v. Lighting Science Group Corporation, No. IPR2017-01287, 2018 WL 5733733 (P.T.A.B. Oct. 31, 2018), and Lighting Science Group Corp. did not appeal this determination.

Stoll, Circuit Judge.