Fed. Circ. Judge 'Lost' On Aim Of Palo Alto's Arthrex Appeal

By Dani Kass (June 21, 2022, 9:51 PM EDT) -- A trio of Federal Circuit judges on Tuesday seemed wary of Palo Alto Networks' claim that the U.S. Patent and Trademark Office director's blanket refusal to rehear petitions challenging Patent Trial and Appeal Board institution decisions undermines the U.S. Supreme Court's Arthrex decision.

The USPTO director needs to address each request for director hearing, even if it is simply to say "denied," argued Douglas Hallward-Driemeier of Ropes & Gray LLP for Palo Alto Networks Inc., which is pushing for another chance to challenge Centripetal Networks Inc. patents. The refusal to accept petitions reviewing institution decisions is an "abdication" of the director's...

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