2 Fed. Circ. Judges Slam Post-Arthrex PTAB Do-Overs

Law360 (November 7, 2019, 10:41 PM EST) -- Two Federal Circuit judges said Thursday that the court shouldn't have ordered new Patent Trial and Appeal Board hearings as a result of last week's Arthrex decision that the board's structure is unconstitutional, saying the remands will create "large and unnecessary burdens."

As required under the Oct. 31 decision that said the way PTAB judges have been appointed runs afoul of the U.S. Constitution, the court on Thursday sent cases involving three Bedgear LLC pillow patents back for new hearings at the board. However, two judges filed a concurring opinion arguing that shouldn't have been necessary.

U.S. Circuit Judge Timothy Dyk,...

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