Timing Of Arthrex Remands Remains Fuzzy, PTAB Litigation Blog
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The Court of Appeals for the Federal Circuit (CAFC) has denied the United States Patent and Trademark Office’s (USPTO) unopposed motion to stay its mandate issued in Arthrex. The USPTO filed its motion seeking a 90 day stay on March 26 while awaiting Supreme Court review of any petition for a writ of certiorari. Appellant Arthrex filed its response in support of the stay motion a day later. While no writs have been filed to date, based on the papers both the USPTO and Arthrex intend to file them.
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