United States Federal Circuit

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Dell, Inc. v. Acceleron, LLC, 17-1101

Affirming a remand determination of the Patent Trial and Appeal Board where the Board relied on new argument and evidence presented by Dell for the first time at oral argument without providing Acceleron with an opportunity to respond because on remand the board failed to hear either Dell's argument or Acceleron's proposed response because although hearing one argument without the other would be unfair, hearing neither was not.

Appellate Information

  • Argued
  • Submitted
  • Decided
  • Published 2018/03/19




  • United States Federal Circuit


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