Patent Board Bias Issues Left Alone as Case Gets Arthrex Remand

May 13, 2021, 6:14 PM

The Federal Circuit declined to engage with a patent owner’s allegation that the Patent Trial and Appeal Board is constitutionally flawed because its process for starting patent reviews is based on impermissible incentives.

Instead the U.S. Court of Appeals for the Federal Circuit in a precedential opinion accepted New Vision Gaming & Development Inc.'s alternative argument that the case should be sent back to the board based on an earlier ruling that the tribunal’s judges were unconstitutionally appointed.

The court pointed to its 2019 holding in Arthrex, Inc. v. Smith & Nephew, Inc. that administrative patent judges had enough power ...

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