Dirtt Environmental Solutions Ltd v. Allsteel Inc.

N OTE: This disposition is nonprecedential.
United States Court of Appeals
for the Federal Circuit
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DIRTT ENVIRONMENTAL SOLUTIONS LTD,
Appellant
v.
ALLSTEEL INC.,
Appellee
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2017-1797
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Appeal from the United States Patent and Trademark
Office, Patent Trial and Appeal Board in No. IPR2015-
01691.
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Decided: July 23, 2018
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CHAD EDWARD N YDEGGER, Workman Nydegger, Salt
Lake City, UT, argued for appellant. Also represented by
MICHAEL J. F RODSHAM , D AVID R. T ODD.
R. T REVOR CARTER , Faegre Baker Daniels LLP, Indi-
anapolis, IN, argued for appellee. Also represented by
N ICHOLAS M. ANDERSON, VICTOR P. J ONAS , T IMOTHY M.
SULLIVAN, Minneapolis, MN; J OEL SAYRES , Denver, CO.
______________________

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DIRTT ENVIRONMENTAL SOLUTIONS v. ALLSTEEL INC. 2
Before O’MALLEY , CLEVENGER , and REYNA, Circuit Judges.
O’MALLEY , Circuit Judge.
DIRTT Environmental Solutions, Ltd. appeals from a
final written decision of the Patent Trial and Appeal
Board (“Board”) in an inter-partes 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 unpatent-
able 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 inter-partes 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 con-
sistent with SAS Institute Inc. v. Iancu, 138 S. Ct. 1348
(2018).
VACATED AND REMANDED
COSTS
No costs.

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