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POLARIS INNOVATIONS LIMITED v. KINGSTON TECHNOLOGY COMPANY, INC.

No. 2018-1831.

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

United States Court of Appeals, Federal Circuit.

Decided: January 31, 2020.

Attorney(s) appearing for the Case

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.

Concurring opinion filed by HUGHES, in which WALLACH joins.

NOTE: This disposition is nonprecedential.

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. 53 (citing U.S. Const. art. II...

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