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`Document: 46-1
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`Page:1
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`Filed: 08/29/2018
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`(1 of 5)
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`NOTE: This disposition is nonprecedential.
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`Uflniteh gatateg QEuurt of gppealg
`
`fur the :fl’eheral QEirtuit
`
`IP CO., LLC.,
`Appellant
`
`V.
`
`EMERSON ELECTRIC CO.,
`Appellee
`
`2017-1896
`
`‘Appeal from the United States Patent and Trademark
`Office, Patent Trial and Appeal Board in No. IPR2015-
`01901.
`
`JUDGMENT
`
`GREGORY J. GONSALVES, The Gonsalves Law Firm,
`Falls Church, VA, argued for appellant. Also represented
`by THOMAS F. MEAGHER, Meagher Emanuel Laks Gold-
`berg & Liao, LLP, Princeton, NJ.
`
`DOUGLAS HALLWARD-DRIEMEIER, Ropes & Gray LLP,
`Washington, DC, argued for appellee. Also represented
`by JAMES RICHARD BATCHELDER, JAMES LAWRENCE DAVIS,
`JR., East Palo Alto, CA.
`
`
`
`Case: 17-1896
`
`Document: 46-1
`
`Page:2
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`Filed: 08/29/2018
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`(2 of 5)
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`THIS CAUSE having been heard and considered, it is
`
`ORDERED and ADJUDGED:
`
`PER CURIAM (NEWMAN, TARANTO, and STOLL, Circuit
`Judges).
`
`AFFIRMED. See Fed. Cir. R. 36.
`
`ENTERED BY ORDER OF THE COURT
`
`August 29, 2018
`Date
`
`/s/ Peter R. Marksteiner
`Peter R. Marksteiner
`Clerk of Court
`
`
`
`Case: 17-1896
`
`Document: 46~2
`
`Page: 1
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`Filed: 08/29/2018
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`(3 of 5)
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`UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT
`
`NOTICE OF ENTRY OF
`
`JUDGMENT WITHOUT OPINION
`
`JUDGMENT ENTERED: 08/29/2018
`
`The judgment of the court in your case was entered today pursuant to Rule 36. This Court affirmed the judgment
`or decision that was appealed. None of the relief sought in the appeal was granted. No opinion accompanied the
`judgment. The mandate will be issued in due course.
`
`Information is also provided about petitions for rehearing and suggestions for rehearing en banc. The questions
`and answers are those frequently asked and answered by the Clerk's Office.
`
`Costs are taxed against the appellant in favor of the appellee under Rule 39. The party entitled to costs is
`provided a bill of costs form and an instruction sheet with this notice.
`
`The parties are encouraged to stipulate to the costs. A bill of costs will be presumed correct in the absence of a
`timely filed objection.
`
`Costs are payable to the party awarded costs. If costs are awarded to the government, they should be paid to
`the Treasurer of the United States. Where costs are awarded against the government, payment should be made to
`the person(s) designated under the governing statutes, the court's orders, and the parties' written settlement
`agreements. In cases between private parties. payment should be made to counsel for the party awarded costs or, if
`the party is not represented by counsel, to the party pro se. Payment of costs should not be sent to the court. Costs
`should be paid promptly.
`
`if the court also imposed monetary sanctions, they are payable to the opposing party unless the court's opinion
`provides otherwise. Sanctions should be paid in the same way as costs.
`
`Regarding exhibits and visual aids: Your attention is directed to FRAP 34(g) which states that the clerk may
`destroy or dispose of the exhibits if counsel does not reclaim them within a reasonable time after the clerk gives
`notice to remove them. (The clerk deems a reasonable time to be 15 days from the date the final mandate is issued.)
`
`FOR THE COURT
`
`/s/ Peter R. Marksteiner
`
`Peter R. Marksteiner
`Clerk of Court
`
`cc: James Richard Batchelder
`James Lawrence Davis, Jr.
`Gregory J. Gonsalves
`Douglas Hallward-Driemeier
`Thomas F. Meagher
`
`17-1896 - lP Co., LLC. v. Emerson Electric Co.
`United States Patent and Trademark Office, Case No. IPR2015-01901
`
`
`
`Case: 17-1896
`
`Document: 46—3
`
`Page: 1
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`Filed: 08/29/2018
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`(4 of 5)
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`
`
`PETER R. MARKSTEINER
`CLERK OF COURT
`
`UNITED STATES COURT OF APPEALS
`
`FOR THE FEDERAL CIRCUIT
`
`717 MADISON PLACE, N.W.
`WASHINGTON, DC. 20439
`
`CLERK’S OFFICE
`202-275-8000
`
`Information Sheet
`
`Petitions for Rehearing and Petitions for Hearing and Rehearing En Banc
`
`1. When is a petition for rehearing appropriate?
`
`The Federal Circuit grants few petitions for rehearing each year. These petitions for
`
`rehearing are rarely successful because they typically fail to articulate sufficient
`
`grounds upon which to grant them. Of note, petitions for rehearing should not be used
`
`to reargue issues previously presented that were not accepted by the merits panel
`
`during initial consideration of the appeal. This is especially so when the court has
`
`entered a judgment of affirmance without opinion under Fed. Cir. R. 36. Such
`
`dispositions are entered if the court determines the judgment of the trial court is based
`
`on findings that are not clearly erroneous, the evidence supporting the jury verdict is
`
`sufficient, the record supports the trial court’s ruling, the decision of the administrative
`
`agency warrants affirmance under the appropriate standard of review, or the judgment
`or decision is without an error of law.
`
`2. When is a petition for hearing/rehearing en banc appropriate?
`
`En banc consideration is rare. Each three-judge merits panel is charged with deciding
`
`individual appeals under existing Federal Circuit law as established in precedential
`
`opinions. Because each merits panel may enter precedential opinions, a party seeking
`
`en banc consideration must typically show that either the merits panel has (1) failed to
`
`follow existing decisions of the US. Supreme Court or Federal Circuit precedent or (2)
`
`followed Federal Circuit precedent that the petitioning party now seeks to have
`
`overruled by the court en banc. Federal Circuit Internal Operating Procedure #13
`
`identifies several reasons when the Federal Circuit may opt to hear a matter en banc.
`
`3. Is it necessary to file either of these petitions before filing a petition for
`
`a writ certiorari in the US. Supreme Court?
`
`No. A petition for a writ of certiorari may be filed once the court has issued a final
`
`judgment in a case.
`
`For additional information and filing requirements, please refer to Fed.
`
`Cir. R. 40 (Petitions for Rehearing) and Fed. Cir. R. 35 (Petitions for
`
`
`
`
`
`Hearing or Rehearing En Banc).
`
`Revised August 21, 2018
`
`
`
`Case: 17-1896
`
`Document: 46-4
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`Page: 1
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`Filed: 08/29/2018
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`(5 of 5)
`
`
`
`PETER R. MARKSTEINER
`CLERK OF COURT
`
`UNITED STATES COURT OF APPEALS
`
`FOR THE FEDERAL CIRCUIT
`
`717 MADISON PLACE, N.W.
`WASHINGTON, DC. 20439
`
`CLERK’S OFFICE
`202-275-8000
`
`Information Sheet
`
`Filing a Petition for a Writ of Certiorari
`
`There is no automatic right of appeal to the Supreme Court of the United States from
`
`judgments of the Federal Circuit. Instead, a party must file a petition for a writ of
`
`certiorari which the Supreme Court will grant only when there are compelling reasons. See
`
`Supreme Court Rule 10.
`
`Time. The petition must be filed in the Supreme Court of the United States within 90 days
`
`of the entry of judgment in this Court or within 90 days of the denial of a timely petition for
`
`rehearing. The judgment is entered on the day the Federal Circuit issues a final decision in
`
`your case. The time does not run from the issuance of the mandate. See Supreme Court
`Rule 13.
`
`Fees. Either the $300 docketing fee or a motion for leave to proceed in forma pauperis with
`an affidavit in support thereof must accompany the petition. See Supreme Court Rules 38
`and 39.
`
`Authorized Filer. The petition must be filed by a member of the bar of the Supreme Court
`
`of the United States or by the petitioner as a self-represented individual.
`
`Format of a Petition. The Supreme Court Rules are very Specific about the content and
`
`formatting of petitions. See Supreme Court Rules 14, 33, 34. Additional information is
`
`available at https://www.supremecourt.gov/filingandrules/rules guidanceaspx‘.
`
`Number of Copies. Forty copies ofa petition must be filed unless the petitioner is
`
`proceeding in forma pauperis, in which case an original and ten copies of both the petition
`
`for writ of certiorari and the motion for leave to proceed in forma pauperis must be filed.
`
`See Supreme Court Rule 12.
`
`Filing. Petitions are filed in paper at Clerk, Supreme Court of the United States, 1 First
`
`Street, NE, Washington, DC 20543.
`
`3 Effective November 13, 2017, electronic filing is also required for filings submitted by
`parties represented by counsel. See Supreme Court Rule 29.7. Additional information
`
`about electronic filing at the Supreme Court is available at
`
`https://www.supremecourt.gov/filingandrules/electronicfiling.aspx.
`
`No documents are filed at the Federal Circuit and the Federal Circuit provides no
`
`information to the Supreme Court unless the Supreme Court asks for the information.
`Revised August 21, 2018
`
`