Federal Circuit Affirms Temporary Patent Head’s Review Power (1)

Commissioner Drew Hirshfeld had the authority to review administrative patent tribunal decisions even while he led the US Patent and Trademark Office in a temporary role, the Federal Circuit ruled, sparing the agency from potentially devastating consequences.

The decision is the latest twist in a case that has now has made two trips to the Federal Circuit and one to the Supreme Court. Arthrex Inc. was seeking to revive parts of a surgical device patent the Patent Trial and Appeal Board found invalid in a review requested by Smith & Nephew Inc. Arthrex challenged Hirshfeld’s power after he denied director ...