1. “Has the Federal Circuit erred in refusing to follow this Court’s Lexmark precedent, and in not applying precedent to standing under 15 U.S.C. § 1064.”
2. “Has the Federal Circuit erred in allowing Intervention by the USPTO Director under 35 U.S.C. §143 which only allows the Director to intervene in an appeal from a decision entered of the Patent Trial Appeal Board hearings and not an appeal from the Trademark Trial and Appeal Board which is the case in question.”
3. “Whether Administrative Trademark Judges of the U.S. Trademark Trial and Appeal Board, ‘who are appointed by the Secretary of Commerce, in consultation with the Director’ pursuant to 15 U.S.C. § 1067, are, for purposes of the Appointments Clause, U.S. Const. Art. II, § 2, Cl. 2, principal officers who must be appointed by the President with the Senate’s advice and consent.”
