U.S. Court of Appeals for the Federal Circuit, 2018

Dirtt Environmental Solutions v. Allsteel Inc.

Dirtt Environmental Solutions v. Allsteel Inc.
U.S. Court of Appeals for the Federal Circuit · Decided July 23, 2018

Dirtt Environmental Solutions v. Allsteel Inc.

Opinion

NOTE: This disposition is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________ DIRTT ENVIRONMENTAL SOLUTIONS LTD, Appellant v. ALLSTEEL INC., Appellee ______________________ 2017-1797 ______________________ Appeal from the United States Patent and Trademark Office, Patent Trial and Appeal Board in No. IPR2015- 01691. ______________________ Decided: July 23, 2018 ______________________ CHAD EDWARD NYDEGGER, Workman Nydegger, Salt Lake City, UT, argued for appellant. Also represented by MICHAEL J. FRODSHAM, DAVID R. TODD.

R. TREVOR CARTER, Faegre Baker Daniels LLP, Indi- anapolis, IN, argued for appellee. Also represented by NICHOLAS M. ANDERSON, VICTOR P. JONAS, TIMOTHY M.

SULLIVAN, Minneapolis, MN; JOEL SAYRES, Denver, CO. ______________________ 2 DIRTT ENVIRONMENTAL SOLUTIONS v. ALLSTEEL INC.

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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