Duties and functions

The USPTO asks the Fed. Circ. Not to comment on the power of Hirshfeld

By Britain Eakin (May 17, 2022, 5:56 p.m. EDT) — The U.S. Patent and Trademark Office on Tuesday urged the Federal Circuit not to rule on whether the former acting director was allowed to review decisions of the Patent Trial and Appeals Board under the United States Supreme Court’s Arthrex Decision, marking the latest development in the ongoing Arthrex saga.

In a motion for a limited remand, the agency asked the appeals court to remand the case to the agency to allow newly-confirmed USPTO director Kathi Vidal to decide whether to review or not a 2018 PTAB decision that killed Arthrex Inc.’s medical implant device patent in a challenge from Smith & Nephew Inc. Drew…

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