Generics Industry Urges Fed. Circ. To Fix Arthrex 'Disarray'

By Dani Kass (January 3, 2020, 7:42 PM EST) -- The generic-drug industry and a group of New York intellectual property lawyers have urged the full Federal Circuit to reconsider a panel's decision that Patent Trial and Appeal Board judges have been unconstitutionally appointed, with one group warning of disarray, and the other of "devastating consequences."

The Association for Accessible Medicines and New York Intellectual Property Law Association in late December said there's uncertainty over whether the panel's constitutionality decision in Arthrex is correct. They also asked the full court to clarify the remedy the panel chose, whether that remedy applies retroactively, and whether the court was right to take up the issue...

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