Director Has Final Say…But Mostly More Busy Work
I’ve ignored the Arthrex decision for a few days, largely because it never really interested me (still doesn’t). Of course, if you geek out over the severability doctrine, or the viewpoints of liberal versus conservative justices on the growing administrative state — have at it. I just always saw it as an academic exercise that would have little impact on actual day-to-day PTAB practice. As I predicted back in March, the SCOTUS result in Arthrex wasn’t exactly surprising.
While the Arthrex outcome will not change much in terms of PTAB strategy, there will be a beautiful mess in the short term. Continue Reading PTAB Rehearings After Arthrex?