Analysis

PTAB Halt To Arthrex Remands Puts Over 100 Cases In Limbo

Law360 (May 4, 2020, 9:15 PM EDT) -- The Patent Trial and Appeal Board made an understandable decision Friday to halt proceedings in cases remanded to it under the Federal Circuit's Arthrex ruling until the U.S. Supreme Court weighs in, attorneys say, but it leaves parties in a holding pattern for potentially over a year.

In a general order, PTAB Chief Judge Scott Boalick said that "to avoid burdening the office and the parties until all appellate rights have been exhausted," the board is holding all cases remanded under Arthrex "in administrative abeyance until the Supreme Court acts on a petition for certiorari or the time for filing such...

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