Iancu Urges No Arthrex Remand In PTAB Fee Model Case

Law360 (August 11, 2020, 9:55 PM EDT) -- U.S. Patent and Trademark Office Director Andrei Iancu urged the Federal Circuit Monday to hold off on any Arthrex-based remand in a case alleging that the PTAB's fee model improperly encourages judges to institute America Invents Act reviews, saying judges should wait until the U.S. Supreme Court decides whether to review Arthrex.

The case, centering on patents covering a feature of card games used in casinos, challenges the constitutionality of the appointment of Patent Trial and Appeal Board judges, which is an issue currently before the high court, Iancu said in a filing Monday.

The justices are considering appeals of the...

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