Bloomberg Law
July 8, 2021, 9:27 PM

Arthrex Requires Remands to Agency, Parties Tell Federal Circuit

Perry Cooper
Perry Cooper
Legal Reporter

Patent owners who argued to the Federal Circuit that administrative patent judges were unconstitutionally appointed say their cases should be sent back to the agency for further review by its director.

The briefs came in response to U.S. Court of Appeals for the Federal Circuit’s orders issued after the U.S. Supreme Court in United States v. Arthrex gave the patent office director the power to overturn decisions the Patent Trial and Appeal Board makes in the inter partes review process.

The Federal Circuit gave parties that had raised appointments clause arguments 14 days to explain how they think their cases ...

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