Federal Circuit Extends Arthrex, VirnetX Rationale To Ex Parte Proceedings

Mealey's (July 8, 2020, 12:38 PM EDT) -- WASHINGTON, D.C. — In a precedential order issued July 7, the Federal Circuit U.S. Court of Appeals wrote that it can find “no principled reason to depart” from the remedy proscribed in Arthrex, Inc. v. Smith & Nephew, Inc., 941 F.3d 1320 (Fed. Cir. 2019), and VirnetX Inc. v. Cisco Sys., Inc., No. 2019-1671, (Fed. Cir. May 13, 2020), when assessing a constitutional challenge to the makeup of a Patent Trial and Appeal Board panel in an ex parte proceeding (In re: Boloro Global Limited, No. 19-2349, Fed. Cir.)....