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Kaye Scholer Achieves Two Major Federal Circuit Victories for Berk-Tek, a Nexans Company

April 17, 2015

Today, Kaye Scholer achieved two victories at the United States Court of Appeals for the Federal Circuit on behalf of client Berk-Tek LLC, a Nexans SA affiliate company, in the high-speed telecommunications cable industry. 

In November 2012, Kaye Scholer filed two of the very first inter partes reviews (IPR) challenging the validity of two patents for network cables held by Belden Inc., both of which are being asserted against Nexans and Berk-Tek in a parallel District Court proceeding in Delaware. IPR is a fairly new administrative trial proceeding implemented as a result of the America Invents Act (AIA) that allows third parties to challenge the validity of a patent before the Patent Office.

On April 28, 2014, the Patent Office declared that each and every claim of the two patents, U.S. Pat. Nos. 7,977,575 and 7,663,061, were invalid. Belden appealed to the Court of Appeals for the Federal Circuit and oral argument was held on March 3, 2015.

On April 17, 2015 the Federal Circuit issued a unanimous opinion, wholly affirming the Patent Office’s decisions that each and every claim of the two patents was invalid. The opinion was only the second ever to be issued by the Federal Circuit after review of a final decision from an IPR.

“We are pleased that the Federal Circuit has affirmed the Patent Office’s decisions on behalf of our client, Berk-Tek. We believe that the Federal Circuit’s opinion is thorough and well-reasoned,” said Kaye Scholer Intellectual Property partner James S. Blank who represents Berk-Tek and argued the appeals.

In addition to Blank, Kaye Scholer attorneys Benjamin Hsing, David Soofian, Nisha Agarwal and Stephanie Piper represented Berk-Tek in the Federal Circuit appeals. Sofer & Haroun served as co-counsel.

Read the decision.

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