Three Things to Watch at the Patent Trial and Appeal Board

The Patent Trial and Appeal Board saw a significant uptick in precedent in 2019, as patent office Director Andrei Iancu began putting his stamp on the board.

The U.S. Court of Appeals for the Federal Circuit, at the same time, has taken steps that have left practitioners uncertain about the scope of agency authority. Here are three things to watch at the PTAB in 2020:

Arthrex Effect

The Federal Circuit roiled the PTAB with its decision in Arthrex, Inc. v. Smith & Nephew, Inc. that the board’s judges were unconstitutionally appointed.

In Arthrex, the Federal Circuit severed part of ...