Tag Archive for constitution

Polaris Concurrence Explains Why Arthrex Was Wrong, But Signals Federal Circuit Won’t Fix It

Today’s Federal Circuit decision in Polaris v. Kingston had an unsurprising outcome—in line with last year’s Arthrex decision, the PTAB’s determination was remanded back to the PTO for review in line with Arthrex.  But while the decision was brief, the concurrence—authored by Judge Hughes and joined by Judge Wallach—was not.  It explains, in detail, just…