The Federal Circuit threw out agency tribunal decisions upholding the rejection of Boloro Global Ltd. patent applications, applying a ruling on the constitutionality of patent judges’ appointments to appeals of examiner decisions.
Sending the cases back to the Patent Trial and Appeal Board for new proceedings, the U.S. Court of Appeals for the Federal Circuit said it saw no reason to stray from the fix prescribed in a landmark October ruling that the board’s judges were unconstitutionally appointed.
The earlier case, Arthrex v. Smith & Nephew, involved inter partes review, a program for reviewing the validity of issued patents. ...
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