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ARTICLE · 13 JULY 2021

Boardside Chat Sheds Light On Arthrex Director Review Procedure

Jones Day
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In its July 1st Boardside Chat, the PTAB discussed the Supreme Court's recent Arthrex decision and the interim procedure for Director review. The panel included Drew Hirschfeld...

United StatesIntellectual Property
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In its July 1st Boardside Chat, the PTAB discussed the Supreme Court's recent Arthrex decision and the interim procedure for Director review. The panel included Drew Hirschfeld (Performing the functions and duties of the Under Secretary of Commerce for Intellectual Property and Director of the USPTO), Scott R. Boalick (Chief Administrative Patent Judge), Jacqueline W. Bonilla (Deputy Chief Administrative Patent Judge), and Scott C. Weidenfeller (Vice Chief Administrative Patent Judge).

As we've discussed in previous posts, the Supreme Court held in Arthrex that the USPTO Director has the discretion to review PTAB final written decisions. Shortly after the Court's decision, the USPTO issued guidance on the interim procedure for Director review. In this interim procedure, Director review may be (1) initiated sua sponte by the Director, or (2) requested by a party to a PTAB proceeding. Currently, a requesting party need only file a request for rehearing in the E2E

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