No Arthrex Do-Over For PTAB Decision Denying IPR Institution, PTAB Litigation Blog
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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