IN RE APPLE INC. 2014-1002 Appeal from the United States Patent v. Motorola Inc., Appeal Nos. 2012-1548, -1549. In Apple, this court affirmed the…

14-1002Court of Appeals for the Federal CircuitJun 4, 2014

Full text

N OTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
IN RE APPLE INC.
______________________
2014-1002
______________________
Appeal from the United States Patent and Trademark
Office, Patent Trial and Appeal Board in Reexamination
No. 90/011,287.
______________________
ON MOTION
______________________
Before N EWMAN, RADER, and HUGHES , Circuit Judges.
N EWMAN, Circuit Judge.
O R D E R
The parties jointly move to remand to the United
States Patent and Trademark Office (PTO) to reconsider
its rejection of claims 13 and 15-31 of U.S. Patent No.
5,946,647 (the ’647 patent) in light of this court’s decision
in Apple Inc. v. Motorola Inc., Appeal Nos. 2012-1548,
-1549.
In Apple, this court affirmed the district court’s con-
struction of “linking actions to the detected structures” in
the ’647 patent. We agree with the parties that the case
Case: 14-1002 Document: 24 Page: 1 Filed: 06/04/2014

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IN RE APPLE INC. 2
should be remanded to the Board to reconsider its deci-
sion in light of this construction.
Accordingly,
I T I S O RDERED T HAT :
(1) The motion to remand is granted. This appeal is
remanded for further proceedings consistent with this
order.
(2) Each side shall bear its own costs.
F OR T HE COURT
/s/ Daniel E. O’Toole
Daniel E. O’Toole
Clerk
s30
ISSUED AS A MANDATE: June 4, 2014
Case: 14-1002 Document: 24 Page: 2 Filed: 06/04/2014

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