The PTAB Pumps the Brakes on Post-Arthrex Remands from the Federal Circuit

May 3, 2020

The Chief Administrative Patent Judge (APJ) of the Patent Trial and Appeal Board (PTAB), Scott R. Boalick, has handed down a general order that holds in administrative abeyance all matters remanded from the Federal Circuit in light of last October’s Arthrex decision. In that ruling, the appeals court held that the appointment of APJs is unconstitutional, casting doubt on numerous invalidity proceedings and related appeals—indeed, an RPX analysis suggests that hundreds of America Invents Act (AIA) reviews may be subject to rehearing in light of Arthrex. In late March, the appeals court declined to rehear the case en banc, and now the PTAB has called for a “time out”.

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