Friday, January 31, 2020

Kingston Technology "arthrexed"

The outcome:

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.


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