U.S. Courts News Reporter
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The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. A list of all petitions we’re watching is available here.
Two years ago, the court ruled that medical device maker Arthrex, Inc., was wronged when the government made a final decision on a dispute over one of its patents by a panel of internally appointed officials. The justices held that the Constitution requires reviewability by a more senior patent officer … Read the rest
Patent Owners that had the option to avail themselves of the new Director Review process under former interim Director Hirshfeld have been crying foul to the Federal Circuit. Their argument being that the Arthrex holding required a Senate confirmed Director Review, and that an interim Director (promoted from within) did not meet that criteria. Argument was heard a month or so back at the Federal Circuit on this issue.
Since that time, Senate confirmed … Read the rest