The Supreme Court of the United States’ decision in United States v. Arthrex, Inc. gives the U.S. Patent and Trademark Office (USPTO) director the right to review Patent Trial and Appeal Board (PTAB) decisions. However, the decision did not provide much guidance on how to ask the director for a rehearing, how this new rehearing step will work alongside the Precedential Opinion Panel, and what will happen with a backlog of cases that were remanded by the U.S. Court of Appeals for the Federal Circuit now that the justices have issued their ruling in Arthrex. Law360 interviewed Finnegan partner Joshua Goldberg for his thoughts on the decision.
Josh indicated that the current lack of a USPTO director could cause some challenges, as the agency is currently led by someone who was not confirmed by the Senate. He said, “Can the acting director even do anything about this, or do we have to wait until there's a fully appointed new director?”
Read “Arthrex Ruling Leaves Attys Eyeing USPTO for Guidance”
Tags
Arthrex v. Smith & Nephew , United States v. Arthrex, Supreme Court of the United States (SCOTUS), Patent Trial and Appeal Board (PTAB), administrative patent judge (APJ)
