USPTO Says Patent Owners Are Jumping The Gun On Arthrex

Law360 (July 21, 2021, 7:12 PM EDT) -- The U.S. Patent and Trademark Office told the Federal Circuit on Wednesday that it's too soon for two patent owners to challenge the agency's plans to have its acting director review rulings following the Arthrex decision, and they should wait until remanded proceedings at the agency are complete.

The office shot back against an argument from card game developer New Vision Gaming & Development Inc. and patent licensing business Mobility Workx LLC that the agency's commissioner for patents, Drew Hirshfeld, can't conduct reviews required under the U.S. Supreme Court's Arthrex ruling.

The day before, the USPTO laid out additional guidance for...

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