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Polaris Innovations Limited v. US
Case Number:
18-1768
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August 24, 2021
Polaris Cites Deal In Bid To Toss PTAB Ruling Post-Arthrex
Polaris has urged the Federal Circuit to send a Patent Trial and Appeal Board decision invalidating a computer memory patent challenged by Kingston back to the board — rather than to the U.S. Patent and Trademark Office director for review — in light of a settlement between the companies.
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April 02, 2020
Full Fed. Circ. Rejects Another Arthrex-Related Rehearing Bid
In one fell swoop, the full Federal Circuit on Thursday denied three petitions in the same case to rehear a decision stemming from the court's explosive Arthrex decision finding that the structure of the Patent Trial and Appeal Board is unconstitutional.
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February 27, 2020
Full Fed. Circ. Told PTAB Is Still Unconstitutional Post-Arthrex
Polaris Innovations Ltd. is urging the full Federal Circuit to reconsider its decision to apply the recent Arthrex ruling to send a Patent Trial and Appeal Board decision invalidating its patent back to the board, saying that the structure of the board remains unconstitutional.
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January 31, 2020
Fed. Circ. Judges Blast Arthrex But Say Their Hands Are Tied
Two Federal Circuit judges on Friday said their colleagues wrongly found that administrative patent judges are unconstitutionally appointed in the recent Arthrex decision, but they nevertheless said they had to follow the law of the court and apply the misguided ruling in a related case.
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January 07, 2020
Division Over Arthrex Deepens In Polaris Suit At Fed. Circ.
The Federal Circuit received diverging feedback late Monday about whether Patent Trial and Appeal Board judges are constitutionally appointed and what to do if they're not in a second case disputing the issue addressed in the court's controversial Arthrex ruling.
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November 12, 2019
Fed. Circ. Asks For Help On Fixing PTAB Constitutionality
The Federal Circuit has asked for additional input on its ruling that the Patent Trial and Appeal Board's structure was unconstitutional, including suggestions on whether making it easier to fire PTAB judges fixes the problem.
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November 04, 2019
Fed. Circ. Told PTAB's Constitutional Problem Dooms All IPRs
Polaris argued Monday that the Federal Circuit didn't go far enough when it declared the appointment of Patent Trial and Appeal Board judges unconstitutional last week and said that the flaw the court identified means that the entire inter partes review system must be struck down.
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April 02, 2019
USPTO Says Its Oversight Makes PTAB Judges Legal
The appointment of Patent Trial and Appeal Board judges doesn't need to go through the president or Congress because the U.S. Patent and Trademark Office's director has sufficient oversight and control over those judges, the agency told the Federal Circuit.
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July 12, 2018
Patent Holder Challenges PTAB Decision's Constitutionality
Polaris Innovations Ltd., a subsidiary of major patent licensing firm WiLAN, urged the Federal Circuit on Wednesday to reverse a decision by the Patent Trial and Appeal Board that found all 17 challenged claims of a patent are unpatentable, arguing that the way PTAB judges are appointed is unconstitutional.