This morning the Federal Circuit released a nonprecedential opinion in a patent case on appeal from the Patent Trial and Appeal Board. The court affirmed the Board’s invalidity determination. Here is the introduction to the opinion.
REC Solar Pte. Ltd. v. Hanwha Solutions Corp. (Nonprecedential)
This appeal arises from two final written decisions of the Patent Trial and Appeal Board (“the Board”), which have been consolidated for our review.
REC Solar Pte. Ltd. (“REC”) appeals from a final written decision of the Board holding claims 1–6, 11, and 13 of U.S. Patent 10,749,060 (“the ’060 patent”) unpatentable as obvious. Hanwha Sols. Corp. v. REC Solar Pte. Ltd., IPR2021-00988 (P.T.A.B. Dec. 9, 2022) (“the ’988 Decision”), J.A. 1–59.
Hanwha Solutions Corporation and Hanwha Q CELLS USA (collectively, “Hanwha”) conditionally cross-appeal from a final written decision of the Board holding that the same claims were not shown to be unpatentable as obvious. Hanwha Sols. Corp. v. REC Solar Pte. Ltd., IPR2021-00989 (P.T.A.B. Dec. 9, 2022) (“the ’989 Decision”), J.A. 60–89.
For the following reasons, we affirm the Board’s ’988 Decision. We therefore dismiss the cross-appeal of the ’989 Decision as moot because it was conditioned upon a reversal of the ’988 Decision. See Appellee’s Br. 89.