Arthrex Looks To Be Going Out With A Whimper

Now that it's been roughly a month since the Federal Circuit issued mass sua sponte Arthrex orders (which we discussed in Early Hints About What Happens Next After Arthrex), we thought it was worth checking in on what's happening post-Arthrex.

As many readers probably saw, the PTO quickly issued guidance for parties who wish to seek Director (or right now, Acting Director) review under Arthrex.

But since we're focused on all things Federal Circuit, we wanted to report on what's happening at the Court. Last week we saw filings from the PTO solicitor's office giving its view of what Arthrex requires. The PTO took the position that, in cases where the issue is preserved, the Supreme Court's decision warrants only a limited remand to give a party the opportunity to seek Director review. The limited remand would not require vacating the original PTAB panel's decision, which would be a reversal from what the Federal Circuit did under its original Arthrex decision. And