Team Worldwide Corporation v. Intex Recreation Corp. ( 2023 )


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  • Case: 20-1147   Document: 101     Page: 1   Filed: 10/23/2023
    NOTE: This disposition is nonprecedential.
    United States Court of Appeals
    for the Federal Circuit
    ______________________
    TEAM WORLDWIDE CORPORATION,
    Appellant
    v.
    INTEX RECREATION CORP., BESTWAY (USA),
    INC.,
    Appellees
    KATHERINE K. VIDAL, UNDER SECRETARY OF
    COMMERCE FOR INTELLECTUAL PROPERTY
    AND DIRECTOR OF THE UNITED STATES
    PATENT AND TRADEMARK OFFICE,
    Intervenor
    ______________________
    2020-1147
    ______________________
    Appeal from the United States Patent and Trademark
    Office, Patent Trial and Appeal Board in No. IPR2018-
    00875.
    ______________________
    Decided: October 23, 2023
    ______________________
    ROBERT M. HARKINS, JR., Cherian LLP, Berkeley, CA,
    argued for appellant. Also represented by JAMES MICHAEL
    WOODS, Washington, DC; TIMOTHY E. BIANCHI,
    Case: 20-1147    Document: 101      Page: 2     Filed: 10/23/2023
    2   TEAM WORLDWIDE CORPORATION v. INTEX RECREATION CORP.
    Schwegman Lundberg & Woessner, PA, Minneapolis, MN.
    R. TREVOR CARTER, Faegre Drinker Biddle & Reath
    LLP, Indianapolis, IN, argued for all appellees. Appellee
    Intex Recreation Corp. also represented by REID E. DODGE,
    ANDREW M. MCCOY.
    JOHN S. ARTZ, Dickinson Wright PLLC, Ann Arbor, MI,
    for appellee Bestway (USA), Inc. Also represented by
    STEVEN A. CALOIARO, Reno, NV.
    THOMAS W. KRAUSE, Office of the Solicitor, United
    States Patent and Trademark Office, Alexandria, VA, for
    intervenor.   Also represented by DANIEL KAZHDAN,
    FARHEENA YASMEEN RASHEED.
    ______________________
    Before LOURIE, DYK, and TARANTO, Circuit Judges.
    LOURIE, Circuit Judge.
    Team Worldwide Corporation (“Team Worldwide”) ap-
    peals from a decision of the U.S. Patent and Trademark
    Office Patent Trial and Appeal Board (“the Board”) holding
    that claims 1, 7, and 11−14 of U.S. Patent 7,346,950 are
    unpatentable as anticipated by U.S. Patent 6,018,960
    (“Parienti”) as well as U.S. Patent 7,039,972 (“Chaffee”).
    Intex Recreational Corp. v. Team Worldwide Corp., No.
    IPR2018-00875 (P.T.A.B. Sept. 11, 2019), J.A. 1−96 (“Deci-
    sion”). For the following reasons, we affirm.
    BACKGROUND
    This appeal pertains to an inter partes review (“IPR”) in
    which Intex Recreation Corporation (“Intex”) challenged
    claims 1, 7, and 11−14 of the ’950 patent. The ’950 patent
    is directed to an inflatable product, like an air mattress,
    with a built-in pump. See, e.g., ’950 patent, col. 8 l. 55–col.
    9 l. 3. Intex asserted multiple grounds of invalidity against
    the challenged claims, including anticipation by both
    Case: 20-1147   Document: 101     Page: 3    Filed: 10/23/2023
    TEAM WORLDWIDE CORPORATION v. INTEX RECREATION CORP.     3
    Parienti and Chaffee. During the IPR, the Board construed
    “built in” to mean “integrated into and not detachable (or
    readily removed) from” and construed “pack” to mean “con-
    tainer.” Decision at 20–21. The Board then found each of
    the challenged claims anticipated by both Parienti, id. at
    22–52, and Chaffee, id. at 52–84.
    Team Worldwide appealed. We have jurisdiction under
    
    28 U.S.C. § 1295
    (a)(4)(A) and 
    35 U.S.C. § 141
    (c).
    DISCUSSION
    We review the Board’s legal determinations de novo, In
    re Elsner, 
    381 F.3d 1125
    , 1127 (Fed. Cir. 2004), and the
    Board’s factual findings for substantial evidence, In re
    Gartside, 
    203 F.3d 1305
    , 1316 (Fed. Cir. 2000). A finding
    is supported by substantial evidence if a reasonable mind
    might accept the evidence as adequate to support the find-
    ing. Consol. Edison Co. v. NLRB, 
    305 U.S. 197
    , 229 (1938).
    Team Worldwide contends that the Board erred in find-
    ing that Parienti and Chaffee each anticipated the chal-
    lenged claims. In particular, Team Worldwide contends
    that the Board erred in determining that Chaffee taught
    an anticipatory embodiment in which its pack was not de-
    tachable or readily removed from the mattress wall. Deci-
    sion at 63–79. We see no error in the Board’s anticipation
    determination as to Chaffee, Decision at 63–79, and con-
    clude that it was supported by substantial evidence. Be-
    cause we affirm the Board’s decision as to Chaffee, we need
    not discuss its holdings on Parienti.
    CONCLUSION
    We have considered Team Worldwide’s remaining ar-
    guments and do not find them persuasive. For the forego-
    ing reasons, we affirm the Board’s final written decision.
    AFFIRMED
    

Document Info

Docket Number: 20-1147

Filed Date: 10/23/2023

Precedential Status: Non-Precedential

Modified Date: 10/23/2023