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The US Court of Appeals for the Federal Circuit’s decision in Mobility v Unified Patents leaves Arthrex-related questions, as Scott Hejny of McKool Smith explains.
The US Supreme Court decision in US v Arthrex (2021) may have been the tip of the iceberg when it comes to challenges to proceedings before the Patent Trial and Appeal Board (PTAB).
In Arthrex, the Supreme Court preserved the post-grant review procedures instituted in the America Invents Act (AIA) of 2011, and granted the director (a principal officer appointed by the US President with the advice and consent of the Senate) with the full authority to review final written decisions issued by the PTAB.
The US Court of Appeals for the Federal Circuit issued a decision that follows on the heels of Arthrex in October 2021.
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Arthrex, US Court of Appeals for the Federal Circuit, Unified Patents, US Supreme Court, PTAB, AIA, USPTO, inter partes review