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...
BREAKING: Supreme Court Arthrex Decided
On June 21, 2021, the Supreme Court issued its decision in Arthex stating: Today, we reaffirm and apply the rule from Edmond that the exercise of executive power by inferior officers must at some level be subject to the direction and supervision of an officer...