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Polaris Innovations Ltd. v. Kingston Tech. Co.

United States Court of Appeals for the Federal Circuit

January 31, 2020, Decided

2018-1768

Opinion

Per Curiam.

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 [*2]  (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.

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2020 U.S. App. LEXIS 3017 *; 792 Fed. Appx. 819; 2020 WL 504867

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

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

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

Disposition: VACATED AND REMANDED COSTS.

CORE TERMS

VACATED, Costs