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DIRTT ENVIRONMENTAL SOLUTIONS LTD v. ALLSTEEL INC (2018)

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United States Court of Appeals, Federal Circuit.

DIRTT ENVIRONMENTAL SOLUTIONS LTD, Appellant v. ALLSTEEL INC., Appellee

2017-1797

Decided: July 23, 2018

Before O’Malley, Clevenger, and Reyna, Circuit Judges. Chad Edward Nydegger, Workman Nydegger, Salt Lake City, UT, argued for appellant. Also represented by Michael J. Frodsham, David R. Todd. R. Trevor Carter, Faegre Baker Daniels LLP, Indianapolis, IN, argued for appellee. Also represented by Nicholas M. Anderson, Victor P. Jonas, Timothy M. Sullivan, Minneapolis, MN; Joel Sayres, Denver, CO.

DIRTT Environmental Solutions, Ltd. appeals from a final written decision of the Patent Trial and Appeal Board (“Board”) in an interpartes review proceeding, finding that Allsteel Inc. (“Allsteel”) had shown by a preponderance of the evidence that claims 1, 4–7, 9, 10, 14–20, and 25 of U.S. Patent No. 8,024,901 are unpatentable under 35 U.S.C. § 103. Allsteel Inc. v. DIRTT Envtl. Sols. Ltd., No. IPR2015-01691, 2017 WL 379367 (P.T.A.B. Jan. 19, 2017). Because the Board’s final written decision addresses fewer than all claims challenged in Allsteel’s petition to institute interpartes review, and the parties have not waived their objections to the Board’s failure to address the non-instituted claims, we vacate and remand to allow the Board to issue a final written decision consistent with SAS Institute Inc. v. Iancu, ––– U.S. ––––, 138 S.Ct. 1348, 200 L.Ed.2d 695 (2018).

VACATED AND REMANDED

Costs

No costs.

O’Malley, Circuit Judge.

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