POLARIS INNOVATIONS LIMITED v. United States, Intervenor (2020)

United States Court of Appeals, Federal Circuit.

POLARIS INNOVATIONS LIMITED, Appellant v. KINGSTON TECHNOLOGY COMPANY, INC., Appellee United States, Intervenor

2018-1768

Decided: January 31, 2020

Before Reyna, Wallach, and Hughes, Circuit Judges.

Matthew D. Powers, Tensegrity Law Group LLP, Redwood Shores, CA, argued for appellant. Also represented by Jennifer Robinson; Azra Hadzimehmedovic, Aaron Matthew Nathan, Samantha A. Jameson, McLean, VA; Nathan Nobu Lowenstein, Kenneth J. Weatherwax, Lowenstein & Weatherwax LLP, Los Angeles, CA. Michael John Ballanco, Fish & Richardson PC, Washington, DC, argued for appellee. Also represented by David M. Hoffman, Austin, TX. Melissa N. Patterson, Appellate Staff, Civil Division, United States Department of Justice, Washington, DC, argued for intervenor. Also represented by Courtney Dixon, Dennis Fan, Scott R. McIntosh, Joseph H. Hunt; Thomas W. Krause, Joseph Matal, Farheena Yasmeen Rasheed, Office of the Solicitor, United States Patent and Trademark Office, Alexandria, VA.

In its opening brief, Polaris Innovations Limited argues that the final written decision at issue in this appeal exceeds the scope of the Patent Trial and Appeal Board’s authority and violates the Constitution’s Appointments Clause. See Appellant’s Br. 52 (citing U.S. Const. art. II, § 2, cl. 2). This court recently decided this issue in Arthrex, Inc. v. Smith & Nephew, Inc., 941 F.3d 1320 (Fed. Cir. 2019). Accordingly, the Board’s decision in No. IPR2016-01621 is vacated, and the case is remanded to the Board for proceedings consistent with this court’s decision in Arthrex.

VACATED AND REMANDED

Costs

No costs.

Per Curiam.

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