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A Breakdown of the PTAB Backlog Arthrex Caused

Law360

07 Apr 2021

Alex Yap spoke to Law360 about the Patent Trial and Appeal Board’s (PTAB) backlog of nearly 100 cases, all of which were remanded after the Federal Circuit found that the board’s judges were improperly appointed, making the panel’s decision void.

According to Alex, administrative patent judges try not to sit on remands for too long, particularly if the case is being heard by the same panel, which would already be familiar with the matter. Judges are also allowed to ask for workload adjustments, or ask other judges to take over writing institution or final decisions. However, there hasn’t been an instance where this many cases were remanded at once.

“The Federal Circuit typically reverses or remands to the PTAB at a lower rate compared to district court patent cases,” Alex said. “This will potentially be a huge influx.”

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