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INTERNATIONAL SECURITIES EXCHANGE, LLC, Appellant. v. CHICAGO BOARD OPTIONS EXCHANGE, INC., Appellee

United States Court of Appeals for the Federal Circuit2016-03-25No. Nos. 2015-1743, 2015-1744
643 F. App'x 966

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Opinion

majority opinion

O’MALLEY, Circuit Judge.

In this appeal, International Securities Exchange, LLC (“ISE”) challenges the determination of the Patent Trial and Appeal Board (the “Board”) in inter partes review proceedings involving U.S. Patent Nos. 7,356,498 (“the 498 patent”) (IPR2014-00097) and 7,980,457 (“the 457 patent”) (IPR2014-00098). The Board found that ISE failed to show by a preponderance of the evidence that the challenged claims of the 498 and 457 patents are un-patenta-ble as either anticipated, obvious, or both, under 35 U.S.C. § 102(e) and 35 U.S.C. § 103(a). In light of our decision in Chicago Bd. Options Exch., Inc. v. Int’l Secs. Exch., Case Nos. 2015-1728, -1729, and - 1730, issued contemporaneously herewith, affirming the Board’s conclusion that both patents address unpatentable subject matter under 35 U.S.C. § 101, we find this companion case moot. We dismiss the appeal and vacate the Board’s decisions.

DISMISSED