Federal Circuit to Probe Power of Patent Agency’s Acting Leader

Attorneys for Arthrex Inc. and Smith & Nephew Inc. are being asked to focus their arguments before the Federal Circuit on Wednesday on issues surrounding whether the interim patent office director has the authority to review administrative patent challenges.

The U.S. Court of Appeals for the Federal Circuit asked counsel to be prepared to address a list of questions, including whether there’s any obstacle to the president designating Drew Hirshfeld, who is performing the director’s duties while nominee Kathi Vidal awaits a full Senate vote, as the acting director, according to a court order.

The case is part of ...