Arthrex Sends Axed Mystery Shopper Patent Back To PTAB

Law360 (July 28, 2020, 8:42 PM EDT) -- The Federal Circuit on Tuesday gave Fall Line Patents a second chance to prove that its mystery shopper tracking patent isn't invalid based on the court's Arthrex decision, while also refusing to take up who counts as an interested party.

The Federal Circuit's nonprecedential opinion focused largely on appealing "real parties in interest" findings and how the constitutional defect identified in Arthrex should be remedied, but the upshot for Fall Line is that it will get a rehearing at the Patent Trial and Appeal Board, where Unified Patents had previously proved that several patent claims were invalid.

In Arthrex, the Federal...

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