Boardside Chat Sheds Light On Arthrex Director Review Procedure
By Marlee Hartenstein and Matt Johnson - In its July 1st Boardside Chat, the PTAB discussed the Supreme Court’s recent Arthrex decision and the interim procedure for Director review. The panel included Drew Hirschfeld (Performing the functions and duties of the Under...
Sotera Stip Results in Institution Despite Co-Pending ITC Case
By Andrea Beathard and Matt Johnson - A Sotera-style stipulation has once again convinced the PTAB to not exercise its discretion to deny institution of inter partes review (“IPR”) under 35 U.S.C. § 314(a). In Ocado Group PLC v. AutoStore Technology AS,...
PTAB Details Interim Procedure for Requesting Arthrex Director Review
By Matt Johnson - On June 29th, the PTO issued an initial protocol for requesting Director review of a PTAB Final Written Decision according to the Supreme Court’s Arthrex decision. This Arthrex protocol is similar to the current procedure for requesting rehearing by...
If IPR’s Not Your Bag, Consider Ex Parte Reexamination
By John Evans and Callan Foran* These days, we generally think about inter partes review as a first option to challenge patentability. Rightly so. But don’t forget about ex parte reexamination (“XPR”). Even in the IPR era, patent challengers are still successfully...
Arthrex: Unreviewable APJ Authority Incompatible with Appointments Clause
By Greg Castanias, Dave Cochran, Steph Mishaga, and Alex Chung - In United States v. Arthrex Inc., the U.S. Supreme Court agreed with the Federal Circuit that the pre-Arthrex Patent Trial and Appeal Board (PTAB) regime of Administrative Patent Judge decisions being...