PTAB COMMITTEE MEETING: ARTHREX ROUND II

Last year, the U.S. Supreme Court issued its decision in U.S. v. Arthrex, Inc., 141 S.Ct. 1970 (2021), where it saved the PTAB by providing for Director Review.  Thereafter, a slew of pending appeals results in remands to the Acting Director of the U.S. Patent and Trademark Office to conduct a review, if requested.

In the lead case, U.S. v. Arthrex, the prior decision of the Federal Circuit was vacated, proceedings were remanded for the Acting Director to conduct director review, and then the Acting Director summarily denied review.  The appeal is now back in full swing, with another round of briefing directed to whether Acting Director/Commissioner Hirshfeld had the authority to act as a Principal Officer when he denied Arthrex’s request for Director Review.

On March 30, 2022, the Federal Circuit will hear oral argument on this issue, and our Committee will be ready to discuss it on April 5.

Attendees will hear from PTAB Committee Co-Chairs, Charley Macedo and Ken Adamo, NYIPLA PTAB Committee Board Liaison, Rob Rando, and PTAB Committee Coordinator, Chris Lisiewski.

1.0 CLE credit will be available. 

CLE Evaluation Form

MATERIALS:

• PowerPoint Presentation (28 slides)
• Pertinent Statutes – 5 USC Sections 3346 and 3348 (https://www.law.cornell.edu/uscode/text/5/3346 ; https://www.law.cornell.edu/uscode/text/5/3348)
• Briefs of Parties in Arthrex II