No Arthrex Do-Over For PTAB Decision Denying IPR Institution, PTAB Litigation Blog
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If the PTAB judges who denied institution of an IPR were unconstitutionally appointed under Arthrex at the time they issued that decision, does the petitioner get a second chance with a new panel of different PTAB judges? As we previously reported, the Federal Circuit was asked to consider this question in United Fire Protection v. Engineered Corrosion Solutions, IPR2018-00991. The Federal Circuit has now ruled that an unsuccessful IPR petitioner does not get an Arthrex do-over.
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