Smart Modular Technologies v. Iancu

NOTE: This disposition is nonprecedential. United States Court of Appeals for the Federal Circuit

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SMART MODULAR TECHNOLOGIES, INC.,

Appellant v.

ANDREI IANCU, UNDER SECRETARY OF COMMERCE FOR INTELLECTUAL PROPERTY AND DIRECTOR OF THE UNITED STATES PATENT AND TRADEMARK OFFICE,

Intervenor ______________________

2018-1557 ______________________

Appeal from the United States Patent and Trademark Office, Patent Trial and Appeal Board in No. 95/002,399.

______________________ JUDGMENT ______________________

MICHAEL FRANCIS HEAFEY, Troutman Sanders LLP,

San Francisco, CA, argued for appellant.

MICHAEL S. FORMAN, Office of the Solicitor, United States Patent and Trademark Office, Alexandria, VA, ar- gued for intervenor. Also represented by THOMAS W. KRAUSE, KAKOLI CAPRIHAN.

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THIS CAUSE having been heard and considered, it is ORDERED and ADJUDGED:

PER CURIAM (PROST, Chief Judge, LOURIE and CLEVENGER, Circuit Judges).

AFFIRMED. See Fed. Cir. R. 36.

ENTERED BY ORDER OF THE COURT February 7, 2019 /s/ Peter R. Marksteiner

Date Peter R. Marksteiner

Clerk of Court