Fed. Circ. Told Acting USPTO Chief Can't Implement Arthrex

By Ryan Davis (July 8, 2021, 9:27 PM EDT) -- Two patent owners told the Federal Circuit on Wednesday that there were "significant questions" about the legality of the U.S. Patent and Trademark Office's plan for its temporary leader to review patent decisions under the U.S. Supreme Court's Arthrex ruling, since he isn't a presidential appointee.

In briefs about the effect on their cases of the high court's June ruling, which gave the USPTO director the authority to review Patent Trial and Appeal Board decisions to fix a constitutional flaw with the board, the patent owners, New Vision Gaming & Development Inc. and Mobility Workx, said the agency's approach "raises more...

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