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Government Plans to Seek Full Federal Circuit Review of Arthrex

Nov. 15, 2019, 9:46 PM

The Trump administration says it intends to ask the full bench of the Federal Circuit to rehear a recent ruling declaring administrative patent judge appointments unconstitutional.

The Justice Department stated its intentions in a filing in an unrelated case, asking the court to pause its proceedings because it “intends to seek rehearing en banc” of in Arthrex Inc. v. Smith and Nephew, Inc.

The U.S. Patent and Trademark Office declined to comment Nov. 15 on the Justice Department’s filing and would not say whether the agency would seek a full-bench review of Arthrex.

A three-judge panel of the U.S....

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