Inre: Apple Inc.
Inre: Apple Inc.
Opinion
Case: 14-1002 Document: 24 Page: 1 Filed: 06/04/2014
NOTE: This order is nonprecedential.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 NEWMAN, RADER, and HUGHES, Circuit Judges.
NEWMAN, Circuit Judge.
ORDER 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: 2 Filed: 06/04/2014
2 IN RE APPLE INC.
should be remanded to the Board to reconsider its deci- sion in light of this construction.
Accordingly, IT IS ORDERED THAT: (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.
FOR THE COURT
/s/ Daniel E. O’Toole Daniel E. O’Toole Clerk s30 ISSUED AS A MANDATE: June 4, 2014
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