USPTO Slams Arthrex Call To Strike Down IPRs At Fed. Circ.

Law360 (January 17, 2020, 9:46 PM EST) -- The U.S. Patent and Trademark Office on Friday urged the full Federal Circuit to revisit a panel decision that Patent Trial and Appeal Board judges are unconstitutionally appointed, while slamming Arthrex’s bid to invalidate the statute governing inter partes reviews.

The USPTO doubled down on its petition for en banc review of a Federal Circuit panel’s October ruling that judges aren't constitutionally appointed, which made it easier for them to be removed. Arthrex and Smith & Nephew, who are opponents in the underlying case over an Arthrex patent, have also asked the full Federal Circuit to reconsider the decision, though each have offered...

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