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Polaris Innovations Ltd. v. Kingston Tech. Co.

United States Court of Appeals for the Federal Circuit

November 8, 2019, Decided

2018-1768, 2018-1831

Opinion

Per Curiam.

ORDER

It Is Ordered That:

The parties and the government shall file supplemental briefing addressing the constitutional questions raised in these cases, including:

(1) what level [*2]  of supervision and review distinguish a principal from an inferior officer;

(2) whether severing the application of Title 5's removal restrictions with respect to APJs under 35 U.S.C. § 3(c) sufficiently remedies the alleged unconstitutional appointment at issue in these appeals;

(3) whether, and how, the remedy for an Appointments Clause violation differs when it stems from an unconstitutional removal restriction, rather than an unconstitutional appointment itself; and

(4) whether severing the application of Title 5's removal restrictions with respect to APJs under 35 U.S.C. § 3(c) obviates the need to vacate and remand for a new hearing, given the Supreme Court's holdings on the retroactive application of constitutional rulings. E.g., Harper v. Virginia Dep't of Taxation, 509 U.S. 86, 113 S. Ct. 2510, 125 L. Ed. 2d 74 (1993).

Each party's response is limited to 20 pages, double spaced, and shall be filed no later than December 6, 2019.

November 8, 2019

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2019 U.S. App. LEXIS 35050 *

POLARIS INNOVATIONS LIMITED, Appellant v. KINGSTON TECHNOLOGY COMPANY, INC., Appellee UNITED STATES, Intervenor

Notice: THIS DECISION WAS ISSUED AS UNPUBLISHED OR NONPRECEDENTIAL AND MAY NOT BE CITED AS PRECEDENT. PLEASE REFER TO FEDERAL RULES OF APPELLATE PROCEDURE RULE 32.1 GOVERNING THE CITATION TO UNPUBLISHED OPINIONS.

Subsequent History: Remanded by Polaris Innovations Ltd. v. Kingston Tech. Co., 792 Fed. Appx. 820, 2020 U.S. App. LEXIS 3019 (Fed. Cir., Jan. 31, 2020)

Prior History:  [*1] Appeal from the United States Patent and Trademark Office, Patent Trial and Appeal Board in No. IPR2016-01621.

Appeal from the United States Patent and Trademark Office, Patent Trial and Appeal Board in No. IPR2017-00116.

Kingston Tech. Co. v. Polaris Innovations Ltd., 2018 Pat. App. LEXIS 5104 (P.T.A.B., Jan. 29, 2018)

CORE TERMS

removal, restrictions, appointment, severing