Gov't Bid To Undo Arthrex-Based Remand Flops At Fed. Circ.

Law360 (February 25, 2020, 8:25 PM EST) -- The full Federal Circuit has left in place a panel decision vacating the Patent Trial and Appeal Board’s invalidation of a technology licensing company’s patent, shrugging off warnings from the U.S. Patent and Trademark Office that the court is "reflexively" invoking Arthrex.

Both the original panel and en banc court refused Monday to rehear the December decision, which gave Image Processing Technologies LLC another chance to defend its image processing patent from a pair of Samsung Electronics Co. Ltd.’s challenges. The court didn’t expand on its decision.

The Federal Circuit had vacated a pair of PTAB’s rulings from 2018 invalidating claims of...

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