Case: Patents/Procedure (Fed. Cir.)

The Federal Circuit remanded to the Patent Trial and Appeal Board to determine whether to grant rehearing of Unified Patents LLC’s challenge to Mobility Workx LLC’s patent for methods for proactive allocation of wireless resources, in light of U.S. v. Anthrex Inc., 141 S. Ct. 1970 (2021), finding that administrative patent judges were unconstitutionally appointed. The board determined that certain patent claims were invalid as obvious, and on appeal, Mobility raised constitutional challenges to the USPTO’s structure. The Federal Circuit remanded to the board for the limited purpose of allowing Mobility the opportunity to request director-rehearing of the final written ...