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John P. Isacson, a partner in the Intellectual Property Department of Pepper Hamilton, was quoted in the May 4, 2020 Law360 article, "PTAB Halt to Arthrex Remands Puts Over 100 Cases in Limbo."
However, for the parties in the cases held in abeyance, some of which have already been pending for around five years, the decision further prolongs their cases until possibly into 2021 and beyond, John Isacson of Pepper Hamilton LLP said.
"I can certainly see why the patent office wants to take a wait-and-see approach, but unfortunately it puts the patent owners and the petitioners in limbo for a year," he said.
"If the Arthrex decision were reversed, then all those decisions would be fine and there'd be no point doing them all over again," Isacson said.
"I'd be surprised if the Supreme Court doesn't take it," Isacson said. "There's the constitutional issue and there's also an employment law angle for government employees. There could be other agencies that are affected by this appointments clause issue."
With the potential for Supreme Court review, "It's a really big job to redo all these cases, so I think the board only wants to do it if they're going to be absolutely forced to do it," he said.