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Mealey's IP/Tech - Petitioner Cites Arthrex, Seeks Rehearing With New Patent Board Panel

ALEXANDRIA, Va. - A dissatisfied petitioner for derivation in a Nov. 11 motion tells the Patent Trial and Appeal Board that it should receive a new hearing by a new panel of administrative patent judges (APJs), because the recent decision in Arthrex, Inc. v. Smith & Nephew, Inc., ___ F.3d ___, (Fed. Cir. October 31, 2019), "altered the constitutionality of the Board itself" (Sports Nutrition Research Ltd. v. Chemi Nutra, DER2013-00001, PTAB).
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