NOTE: This disposition is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________ 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. ______________________ 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