LONE STAR SILICON INNOVATIONS LLC v. NANYA TECHNOLOGY CORPORATION (2020)

ORDER

Nanya Technology Corporation, Nanya Technology Corporation Delaware, and Nanya Technology Corporation U.S.A. (collectively, Nanya) petitioned for inter partes review of claims 1, 3, 4, 11, 13, and 14 of U.S. Patent No. 6,097,061 (the ’061 patent) owned by Lone Star Silicon Innovations, LLC (Lone Star). In its Final Written Decision, the Patent Trial and Appeal Board (Board) held that all the challenged claims are unpatentable under both Nanya’s and Lone Star’s proposed claim constructions for the phrase “a channel region formed in the semiconductor substrate.” Nanya Tech. Corp. v. Lone Star Silicon Innovations LLC, No. IPR2018-00063, 2019 WL 2146078 (P.T.A.B. May 15, 2019). Lone Star appeals the Board’s decision.

In a decision issued today in an appeal from a separate IPR on the same patent, we affirmed the Board’s decision holding claims 1, 3–6, 11, and 13–16 of the ’061 patent unpatentable. Lone Star Silicon Innovations LLC v. Iancu, No. 19-1556, ––– F. App’x ––––, 2020 WL 2488646 (Fed. Cir. May 14, 2020). Thus, this appeal is moot in light of that decision. Cisco Sys., Inc. v. TQ Delta, LLC, 928 F.3d 1359, 1361 (Fed. Cir. 2019).

It Is Ordered That:

Accordingly, this appeal is dismissed as moot in light of our affirmance in Lone Star Silicon Innovations LLC v. Iancu, No. 19-1556, ––– F. App’x ––––, 2020 WL 2488646 (Fed. Cir. May 14, 2020), which invalidated all of the claims at issue in this appeal.

Each party shall bear its own costs.

Chen, Circuit Judge.