Computer Co. Says PTAB Institution Process Unconstitutional

By Britain Eakin (January 4, 2022, 3:56 PM EST) -- A company that had three patents invalidated by Samsung Electronics Co. Ltd. has told the interim U.S. Patent and Trademark Office director that the Patent Trial and Appeal Board's procedure for deciding whether to grant patent reviews suffers from the same constitutional defect identified in Arthrex.

Nevada-based Arbor Global LLC said in three Dec. 23 petitions for director review that the PTAB's institution procedures violate the Constitution's appointment clause, the Administrative Procedure Act and a provision of the America Invents Act that it argued was explicitly supposed to bifurcate the board's decisions on whether to institute patent reviews from its final...

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