This morning the Federal Circuit issued one precedential opinion in an antidumping case and one nonprecedential order in a patent case. Here is the introduction to the opinion and the text of the order.
New Mexico Garlic Growers v. United States (Precedential)
This is an antidumping case. It arises out of the 21st administrative review (“AR 21”) of the antidumping duty order on fresh garlic from the People’s Republic of China (“China” or “PRC”). On appeal before us is the decision of the United States Court of International Trade sustaining the Department of Commerce’s (“Commerce”) final results and partial rescission of the administrative review. See New Mexico Garlic Growers Coalition v. United States, 352 F. Supp. 3d 1281 (Ct. Int’l Trade 2018) (“NMGGC”); Fresh Garlic from the People’s Republic of China, 82 Fed. Reg. 27,230 (Dep’t of Commerce June 14, 2017) (final results and partial rescission of the 21st antidumping duty admin. review; 2014–2015) (“Final Results”). For the reasons set forth below, we affirm the decision of the Court of International Trade.
Nanya Technology Corp. v. Lone Star Silicon Innovations, LLC (Nonprecedential Order)
Nanya Technology Corporation, Nanya Technology Corporation Delaware, and Nanya Technology Corporation U.S.A. (collectively, “Nanya”) petitioned for inter partes review of claims 1, 2, 5-7, and 10 of U.S. Patent 6,388,330 (the “’330 patent”) owned by Lone Star Silicon Innovations, LLC. After that review, the Patent Trial and Appeal Board (“the Board”) held that claims 1, 5-6, and 10 are unpatentable but that Nanya failed to meet its burden to show that claims 2 and 7 are unpatentable. Nanya Tech. Corp. v. Lone Star Silicon Innovations, LLC, No. IPR2018-00062 (PTAB March 25, 2019). Nanya appeals the Board’s decision with respect to claims 2 and 7.
In a separate appeal, we recently affirmed a decision of the Board holding claims 2 and 7 of the same ’330 patent unpatentable. Lone Star Silicon Innovations, LLC v. Iancu, No. 19-1669 (Fed. Cir. Mar. 25, 2020).
IT IS ORDERED THAT:
Accordingly, this appeal is dismissed as moot in light of our affirmance in Lone Star Silicon Innovations, LLC v. Iancu, No. 19-1669 (Fed. Cir. Mar. 25, 2020), which invalidated all of the claims at issue in this appeal.
Each party shall bear its own costs.