Fracking Patent Owner Scores Hirshfeld's 2nd Arthrex Redo

By Dani Kass (November 19, 2021, 6:41 PM EST) -- U.S. Patent and Trademark Office leader Drew Hirshfeld has reviewed a Patent Trial and Appeal Board case for the second time since a director rehearing process was mandated by the U.S. Supreme Court in Arthrex, faulting a panel for invalidating claims of a fracking patent without giving enough weight to the patented product's success.

Hirshfeld, the commissioner of patents who is performing the duties of the USPTO director, on Thursday granted Oren Technologies LLC's rehearing petition, immediately vacating a PTAB ruling invalidating its patent claims and remanding the case for further consideration.

The order compares the case to a July Federal...

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