Arthrex Tells Justices To End IPRs, Kick PTAB To Congress

Law360 (December 23, 2020, 8:52 PM EST) -- The U.S. Supreme Court needs to get rid of the current inter partes review system and have Congress decide what comes next, since the Federal Circuit's attempt to remedy a leadership issue with the Patent Trial and Appeal Board created a system that's "neither impartial nor accountable," medical device company Arthrex Inc. said Wednesday.

Arthrex's opening brief in the case over whether PTAB judges are properly appointed argues the Federal Circuit rightly found that the judges aren't supervised enough in their work given the power they hold. It then urges the justices to override the Federal Circuit's decision to fix the problem by...

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