from the United States Patent and Trademark Office, Patent
Trial and Appeal Board in No. IPR2013-00440.
J. Meek, Baker Botts, LLP, Austin, TX, argued for appellant.
Also represented by Paula D. Heyman, Jennifer Librach Nall.
Andrew Crain, Thomas | Horstemeyer LLP, Atlanta, GA, argued
for appellee. Also represented by Robert Gravois.
Moore, Reyna, and Taranto, Circuit Judges.
Inc. appeals from a remand determination of the Patent Trial
and Appeal Board. In the underlying inter partes
review proceeding, the Board relied on new argument and
evidence presented by Dell for the first time at oral
argument, without providing Acceleron, LLC, an opportunity to
respond. Both Dell and Acceleron appealed, and this court
remanded, among other reasons, on grounds that the Board
erred when it failed to give Acceleron an opportunity to
respond. On remand, the Board declined to consider both
Dell's new argument and Acceleron's proposed
response. Dell appeals and argues that the Board was required
under our remand order and this court's precedent to
consider both Dell's new argument and Acceleron's
response. We affirm.
appeal involves a single claim of U.S. Patent No. 6, 948, 021
("the '021 patent"), owned by Acceleron. The
'021 patent is directed to a computer network appliance
containing a number of hot-swappable components that can be
removed and replaced without turning off or resetting the
computer system as a whole. '021 patent, col. 1, lines
13-16, 26-28. Figure 1 is illustrative:
shown in Figure 1, a computer network appliance 100 disclosed
in the '021 patent includes central-processing-unit (CPU)
modules 102(a)-(e), a power module 106, a microcontroller
module 108, and an ethernet switch module 110 connected to
the backplane 104 via hot swap connectors. A chassis 150
encloses backplane 104 and a collection of modules. The
chassis may also contain caddies 152 that hold the modules
while providing air flow from the front to the rear of the
chassis. Id. col. 2, lines 5-6; id. col. 3,
is the only claim at issue in this appeal. Claim 3 depends
indirectly from claim 1 via claim 2. Claims 1, 2, and 3 read:
1. A computer network appliance, comprising:
a plurality of hot-swappable CPU modules, wherein each CPU
module is a stand-alone ...