Federal Circuit Review - May 2020
By EsqSocial Corporation 01/07/20
IPR Petitioners May Not Raise Appointments Clause Challenges Under Arthrex - In CIENA CORPORATION v. OYSTER OPTICS, LLC, Appeal No. 19-2117, affirmatively petitioning for IPR waived the petitioner’s Appointments Clause challenge, such that the petitioner could not request remand and a new panel under Arthrex. Ciena petitioned for IPR of Oyster’s patents. The PTAB instituted review and held that Ciena failed to establish that any of the claims were unpatentable. Ciena appealed based on the...<BR />By: <a href="https://www.jdsupra.com/profile/Knobbe_Martens/">Knobbe Martens</a>