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ARTICLE · 22 MAY 2020

PTAB Presses Pause On All Arthrex Remands

Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
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CAPJ Boalick's General Order will remain in effect until the U.S. Supreme Court considers the constitutional issue raised in Arthrex.

United StatesIntellectual Property
William Meunier
William Meunier
Daniel Weinger
Daniel Weinger
Vincent Ferraro
Vincent Ferraro
Matthew Galica
Matthew Galica
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On Friday, May 1, 2020, Chief Administrative Patent Judge Scott R. Boalick of the Patent Trial and Appeal Board ("PTAB") paused all activity in the significant number of PTAB cases remanded to it from the Federal Circuit under Arthrex (discussed here).  CAPJ Boalick's General Order will remain in effect until the U.S. Supreme Court considers the constitutional issue raised in Arthrex.  Specifically, with this General Order, the PTAB has ordered over 100 PTAB cases and any additional cases remanded to it under Arthrex to be held in abeyance "[t]o avoid burdening the Office and the parties" "until the Supreme Court acts on a petition for certiorari or the time for filing such petition expires."

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