Patent Board Eyes Redos After Full Court Denies Arthrex Review

March 24, 2020, 7:56 PM

At least 80 patent review cases are facing uncertain futures after the full Federal Circuit refused to reconsider a panel ruling on the constitutionality of administrative patent judge appointments.

The parties in those cases have sought to appeal the Patent Trial and Appeal Board’s rulings, which are subject to the U.S. Court of Appeals for the Federal Circuit panel ruling in Arthrex v. Smith & Nephew that the judges were unconstitutionally appointed.

For now, the Patent Trial and Appeal Board will be left to resolve cases in which the parties preserved appointments clause challenges to work through with new judges. ...

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