VirnetX Wants Next USPTO Chief To Eye Apple PTAB Rulings

By Ryan Davis (September 21, 2021, 8:05 PM EDT) -- VirnetX Inc. on Monday requested a rehearing by the U.S. Patent and Trademark Office director of inter partes review decisions invalidating network security patents involved in its $576 million verdict against Apple, but said the review must wait until the office has a permanent leader.

The U.S. Supreme Court's U.S. v. Arthrex ruling in June gave the director of the USPTO the authority to review Patent Trial and Appeal Board decisions to fix a constitutional flaw in the board, but VirnetX said in its review request that no one at the agency currently wields that power.

Commissioner for Patents Drew Hirshfeld...

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