Commenting on the biggest PTAB cases in 2022, Dallas Principal Alfonso Chan explained that following the Supreme Court’s decision in US v. Arthrex finding that “directors are enabled (but not obligated) by the appointments clause of the Constitution to review the PTAB’s final decisions,” In re Palo Alto Networks, Inc. “shifted the discussion to an earlier stage in the IPR process: the PTAB’s decision whether to institute a trial or not.” He added that while the USPTO director role in these proceedings “continues to be a hot topic”, the USPTO has now emphasized that “the US Constitution’s Appointments Clause is not violated when the director refuses requests to rehear PTAB decisions denying institution of inter partes review.” Click here to read the full article.
