`
`NOTE: This order is nonprecedential.
`
`United States Court of Appeals
`for the Federal Circuit
`______________________
`
`SECURITYPROFILING, LLC,
`Appellant
`
`v.
`
`TREND MICRO, INC.,
`Appellee
`______________________
`
`2019-1881
`______________________
`
`Appeal from the United States Patent and Trademark
`Office, Patent Trial and Appeal Board in No. IPR2017-
`02192.
`
`______________________
`
`O R D E R
` SecurityProfiling, LLC submits notice that it is chal-
`lenging the Patent Trial and Appeal Board’s final written
`decision because the Board issued the decision in contra-
`vention of the Appointments Clause of the Constitution.
`Upon notice of the fact that “a party questions the
`constitutionality of an Act of Congress in a proceeding in
`which the United States . . . is not a party,” the clerk of
`this court must “certify that fact to the Attorney General.”
`Fed. R. App. P. 44(a); see also 28 U.S.C. § 2403(a) (“In any
`action . . . in a court of the United States to which the
`
`
`
`
`
`
`
`Case: 19-1881 Document: 22 Page: 2 Filed: 12/03/2019
`
`
`2
`
`SECURITYPROFILING, LLC v. TREND MICRO, INC.
`
`
`
`United States . . . is not a party, wherein the constitution-
`ality of any Act of Congress affecting the public interest is
`drawn into question, the court shall certify such fact to
`the Attorney General, and shall permit the United States
`to intervene . . . for argument on the question of constitu-
`tionality.”).
`Upon consideration thereof,
`IT IS ORDERED THAT:
`(1) Notice of SecurityProfiling’s constitutional chal-
`lenge is hereby certified to the Attorney General.
`(2) No later than 30 days from the date of filing of
`this order, the Attorney General is directed to inform this
`court whether the United States intends to intervene in
`this appeal.
`(3) The proceedings in the above-captioned appeal are
`stayed.
`
`
`
`
`December 03, 2019
` Date
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
` FOR THE COURT
`
`
`
` /s/ Peter R. Marksteiner
`Peter R. Marksteiner
` Clerk of Court
`
`
`s31
`
`cc: United States Attorney General
`
`