Dell Inc. v. Acceleron, LLC

Acceleron’s 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. The Patent Trial and Appeal Board instituted inter partes review of the patent based on Dell’s petition under 35 U.S.C. 311, citing a prior art reference, Hipp, that is directed to a high-density server network in which a large number of web server processing cards are installed within a single chassis. The Federal Circuit remanded to allow Acceleron to respond to Dell’s evidence, which had been first presented at oral argument. On remand, the Board declined to consider both Dell’s new argument and Acceleron’s proposed response. The Federal Circuit affirmed. The Board was not required to consider Dell’s new evidence presented during oral argument and did not abuse its discretion by not considering Dell’s new evidence on remand. The Board’s determination that Hipp does not anticipate claim 3 of the patent was supported by substantial evidence. View "Dell Inc. v. Acceleron, LLC" on Justia Law