Divided Fed. Circuit Panel Rejects Patent Board Bias Attacks (1)

The Federal Circuit accepted patent owner Mobility Workx LLC’s argument that its case should be sent back to the patent office for director review in light of a recent U.S. Supreme Court case finding administrative patent judges were unconstitutionally appointed.

In a precedential opinion, the U.S. Court of Appeals for the Federal Circuit remanded Unified Patents LLC’s challenge to Mobility’s wireless patent under United States v. Arthrex, which gave the patent office director the power to overturn decisions the Patent Trial and Appeal Board makes in the inter partes review process.

Two judges of the three-member appellate panel ...