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Provisur Technologies, Inc. v. Weber, Inc.

Weber, Inc. (“Weber”) petitioned for inter partes review (“IPR”) of claims 1–14 of U.S. Patent No. 6,997,089 (“the ’089 patent”). In a final written decision, the Patent Trial and Appeal Board (“Board”) concluded that Weber had proved unpatentable as obvious claims 1–10, 13, and 14 but not claims 11 or 12. Weber, Inc. v. Provisur Techs., Inc., No. IPR2019-01466, Paper No. 36 (P.T.A.B. Mar. 8, 2021) (“Final Written Decision”). Patent Owner Provisur Technologies, Inc. (“Provisur”) appeals the Board’s unpatentability determinations. Weber cross-appeals the Board’s determination that claims 11 and 12 are not unpatentable. For the reasons set forth below, we affirm in part, vacate in part, and remand.

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