February 3, 2020 / 1:24 PM / 21 days ago

Fed Circuit decision deepens split over PTAB constitutionality

Two judges on the U.S. Court of Appeals for the Federal Circuit on Friday said they disagreed with Arthrex Inc. v. Smith and Nephew, Inc, an October panel decision finding administrative patent judges unconstitutionally appointed, in a case involving a computer memory technology patent owned by licensing company WiLan Inc.

Saying they were bound by Arthrex, a three-judge Federal Circuit panel vacated a 2018 decision from the Patent Trial and Appeal Board ruling that a patent WiLan accused memory drive maker Kingston Technology Corp of infringing was invalid.

To read the full story on Westlaw Practitioner Insights, click here: bit.ly/2OoSjDE

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