Ethicon v. Covidien: Delegation of Institution Decisions to the PTAB

Ethicon has filed its expected petition for writ of certiorari challenging the USPTO’s delegation of IPR Institution Decisions to the Patent Trial and Appeal Board.  I wrote about the case earlier: Crouch, What Powers Can the Director Delegate to the Patent Trial & Appeal Board? Crouch, Due Process and Separating Powers within an Agency. Crouch, End of the Road for Ethicon’s Anti-Delegation Argument? The newly filed petition argues pure statutory interpretation: Whether the [AIA] permits the Patent Trial and Appeal Board instead of the Director to make inter partes review institution decisions. The…

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