Federal Circuit Affirms Without Opinion Under Rule 36 in Buergofol v. Omega Liner, an Appeal From the PTAB in IPR2023-01372 on a Tubular Film Patent.

The judgment

In Buergofol GmbH v. Omega Liner Company, Inc., No. 2025-1796 (Fed. Cir. Nov. 5, 2026) (nonprecedential), the judgment reads: "PER CURIAM (TARANTO, LINN, and CUNNINGHAM, Circuit Judges). AFFIRMED. See Fed. Cir. R. 36." Buergofol GmbH is the appellant and Omega Liner Company, Inc. the appellee. The judgment states that the appeal is from the Patent Trial and Appeal Board in No. IPR2023-01372.

The inter partes review

In a notice filed in Buergofol GmbH v. Omega Liner Company, Inc., No. 4:22-cv-04112 (D.S.D.), Omega Liner told the court that on September 12, 2023, it filed the IPR2023-01372 petition challenging claims 1, 3-7, and 10-13 of U.S. Patent 9,657,882 B2, and that claims 1, 3-7, and 10-11 of that patent were asserted by Buergofol in that case. Buergofol's complaint in that case identifies the patent as titled "Tubular Film and the Use Thereof" and issued May 23, 2017.

Affirmance without opinion

Federal Circuit Rule 36(a) provides that the court may enter a judgment of affirmance without opinion, citing the rule. The judgment in No. 2025-1796 is an affirmance without opinion.