Judge Dyk Says Everyone May Be Looking At Arthrex Wrong

Law360 (February 12, 2021, 7:09 PM EST) -- Federal Circuit Judge Timothy Dyk on Friday suggested the amount of oversight administrative patent judges need depends on the stage of patent reviews, but that either way they have sufficient supervision.

On a panel hosted by the Center for Innovation Policy at Duke Law discussing forthcoming arguments before the U.S. Supreme Court in U.S. v. Arthrex, Judge Dyk said, "I wonder whether we're maybe not looking at this quite in the right way."

Circuit Judge Timothy Dyk and professors Arti Rai, John Duffy and Melissa Wasserman, on a virtual Duke Law panel. When APJs are deciding to initiate or terminate a patent...

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