Ha Kung Wong at Venable and April Breyer Menon at April Breyer Consulting delve into the practical implications of the US Supreme Court’s ruling in US v Arthrex
On November 18, 2021, the Commissioner for Patents and acting Director of the USPTO, Andrew Hirshfeld, issued the second order granting a Petition for Director Review since the interim.
In Proppant Express Investments LLC v. Oren Technologies, LLC, Oren Technologies petitioned the Director for review of the PTAB’s final written decision determining that all claims of challenged U.S. Patent No. 9,440,785 are unpatentable as obvious in light of the prior art.
U.S. Patent and Trademark Office leader Drew Hirshfeld has reviewed a Patent Trial and Appeal Board case for the second time since a director rehearing process was mandated by the U.S. Supreme Court in Arthrex, faulting a panel for invalidating claims of a fracking patent without giving enough weight to the patented product's success.