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Patent Trial and Appeal Board Representative Orders, Decisions and Notices
July 1, 2020, Decided
PGR2019-00029, Paper 31 ; Patent D821,986 S
USPTO Bd of Patent Appeals & Interferences; Patent Trial & Appeal Bd Decs.
FLAX, Administrative Patent Judge.
Final Written Decision
Determining Challenged Claim Unpatentable
35 U.S.C. § 328(a)
Raffel Systems, LLC ("Patent Owner" or "Raffel") is the owner of U.S. Patent No. D821,986 S to Kenneth G. Seidl et al. (Ex. 1001, "the D '986 patent "). Man Wah Holdings Limited ("Petitioner" or "Man Wah") filed a Petition requesting post-grant review of the claim of the D '986 patent . Paper 3 ("Pet."). We instituted trial on July 10, 2019. Paper 9 ("Institution Decision"). Patent Owner filed a Response to the Petition. Paper 15 ("PO Resp."). Petitioner [*2] responded with a Reply (Paper 20 ("Pet. Reply")), to which Patent Owner responded with a Sur-reply (Paper 21 ("PO Surreply")). A hearing was conducted on April 2, 2020, where the parties presented oral argument. See Paper 30 ("Hr'g Tr.").
After considering the parties' arguments and supporting evidence, we conclude that Petitioner has proved by a preponderance of the evidence that the claim of the D '986 patent is unpatentable. 35 U.S.C. § 326(e).
A. REAL PARTIES-IN-INTEREST
Petitioner states that the Real Party-in-Interest is "Man Wah Holdings Limited." Pet. 1. Patent Owner states that the Real Party-in-Interest is "Raffel Systems, LLC." Paper 4.
B. RELATED MATTERS
Petitioner has disclosed, "[t]he '986 patent is presently at issue in the action titled Raffel Systems, LLC v. Man Wah Holdings LTD Inc et al., Case 2:18-cv-01765 (WIED)." Pet. 1. Patent Owner identifies the same related matter. See Paper 4.
C. THE D '986 PATENT
Full case includes Shepard's, Headnotes, Legal Analytics from Lex Machina, and more.
2020 Pat. App. LEXIS 13004 *
MAN WAH HOLDINGS LIMITED, Petitioner, v. RAFFEL SYSTEMS, LLC, Patent Owner.
[*1] ROUTINE OPINION. Pursuant to the Patent Trial and Appeal Board Standard Operating Procedure 2, the opinion below has been designated a routine opinion.
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