Fed. Circ. Shuts Down PTAB Petitioner's Arthrex Challenge

Law360 (November 6, 2019, 6:15 PM EST) -- The Federal Circuit has blocked Kingston Technology Co. from calling on the recent Arthrex decision to question the constitutionality of Patent Trial and Appeal Board judges, clearing the way for the appeals court Wednesday to uphold a ruling that left a Polaris Innovations Ltd. semiconductor patent Kingston had challenged intact.

U.S. Circuit Judge Jimmie V. Reyna had rejected Kingston's argument that PTAB judges are unconstitutionally appointed, as per the holding in Arthrex on Oct. 31, at the very beginning of oral arguments over the patent Monday. He said Kingston had waived its right to make that argument by leaving it out...

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