The CAFC does Christmas tree lights in POLYGROUP LIMITED MCO v. WILLIS ELECTRIC COMPANY, LTD.

The outcome did not go well for the Board

This is a patent case involving lighted artificial trees. Polygroup Limited MCO appeals from the final written decision of the Patent Trial and Appeal Board in an inter partes review upholding the patentability of claims 7, 10, 11, 16, 18–22, 25, 26, and 28 of U.S. Patent No. 8,454,186 and claims 1–3, 5–9, 11, 12, 14, and 15 of U.S. Patent No. 8,454,187. With respect to every claim except claim 7 of the ’186 patent, we reverse the Board’s determination that Polygroup failed to establish the unpatentability of the challenged claims. We conclude that the Board applied erroneous claim constructions and that, under the proper constructions, Miller teaches every limitation of claims 10, 11, 16, 18–22, 25, 26, and 28 of the ’186 patent and claims 1–3, 5–9, 11, 12, 14, and 15 of the ’187 patent. Polygroup has, therefore, established that these claims are unpatentable. For claim 7 of the ’186 patent, the Board exceeded the scope of our remand when it considered a combination of Miller and Lessner. We therefore vacate and remand its decision with regard to claim 7 of the ’186 patent.