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ARTICLE · 18 DECEMBER 2019

En Banc CAFC To Debate PTAB Appointments Clause Issue

Ropes & Gray LLP
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As promised, the government has now sought en banc rehearing in Arthrex.

United StatesIntellectual Property
Scott A. McKeown
Scott A. McKeown
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Gov't Questions Fundamental Aspects of Court Decision

As promised, the government has now sought en banc rehearing in Arthrex. In its petition, the government revisits the bases for the Court's October decision and encourages the Court to also grant rehearing in the Polaris dispute so that the court might address forfeiture in Arthrex and > reach the remaining issues in Polaris (which is distinguished in the petition as having seasonably argued the issue before the agency)

I think it is safe to predict the CAFC takes this one up.

Presumably seeking to limit potential remands to cases where the dispute was raised before the PTAB (i.e., almost none), the petition explains ( here):

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