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No Stay on Arthrex Mandate Despite Patent Office Push

March 30, 2020, 7:42 PM

The Federal Circuit has denied a request that it wait to kick Patent Trial and Appeal Board disputes back to the board for new proceedings in light of an October decision that the judges were unconstitutionally appointed.

The U.S. Court of Appeals for the Federal Circuit Monday denied the Patent and Trademark Office’s request to delay issuing its mandate in Arthrex Inc. v. Smith & Nephew Inc.

In Arthrex, the Federal Circuit found that PTAB judges had so much power that they should have been nominated by the president and confirmed by Senate. The court severed part of the ...

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