Satco Products, Inc. v. Lighting Science Group Corporation

NOTE: This disposition is nonprecedential.

United States Court of Appeals
for the Federal Circuit
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SATCO PRODUCTS, INC.,
Appellant

v.

LIGHTING SCIENCE GROUP CORPORATION,
Appellee
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2019-1639
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Appeal from the United States Patent and Trademark
Office, Patent Trial and Appeal Board in No. IPR2017-
01639.
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Decided: March 12, 2020
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R
OBERT STEPHAN RIGG, Vedder Price PC, Chicago, IL,
argued for appellant. Also represented by JOHN K. BURKE,
SUDIP MITRA, DANIEL SHULMAN.

KAYVAN B. NOROOZI, Noroozi PC, Los Angeles, CA, ar-
gued for appellee.
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Before D
YK, CHEN, and STOLL, Circuit Judges.
Case: 19-1639 Document: 56 Page: 1 Filed: 03/12/2020

SATCO PRODUCTS, INC. v. LIGHTING SCIENCE GROUP CORP. 2
PER CURIAM.
In this case, the Board found claim 15 of U.S. Patent
No. 8,967,844 not unpatentable in view of Tickner and Van
De Ven based on arguments solely related to the limita-
tions of claim 1, from which claim 15 depends. The Board’s
decision finding claim 15 of the ‘844 patent not unpatenta-
ble in view of Tickner and Van De Ven is supported by sub-
stantial evidence. In an earlier, related proceeding—
IPR2017-01280—the Board found claim 1 of the ‘844 pa-
tent, unpatentable over Chou and Wegner. On appeal, Pe-
titioner has failed to argue that the Board’s decision
invalidating claim 1 in the earlier proceeding abrogated the
basis for the Board’s decision. See MaxLinear, Inc. v. CF
CRESPE LLC, 880 F.3d 1373 (Fed. Cir. 2018). This argu-
ment is thus waived.
AFFIRMED
Case: 19-1639 Document: 56 Page: 2 Filed: 03/12/2020