Fed. Cir. Rejects New IPR Constitutional Challenges, PTAB Litigation Blog
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In Mobility Workx, LLC v. Unified Patents, LLC, the Federal Circuit in a split decision concluded that Mobility Workx, LLC’s constitutional challenges to structure and funding of the Patent Trial and Appeal Board (“PTAB”) are without merit, but remanded the case to the Acting Director to determine whether to grant rehearing in view of the decision in United States v. Arthrex, Inc., 141 S. Ct. 1970 (U.S. 2021).