A panel of the Federal Circuit has again held that Commissioner Drew Hirshfeld had the requisite authority to act on requests for Director review of PTAB decisions during which the office of Director was vacant. Fall Line Pats., LLC v. Unified Pats., LLC, No. 2019-1956, 2022 WL 17747862 at *2 (Fed. Cir. Dec. 19, 2022) The Federal Circuit denied a prior challenge to Commissioner Hirshfeld's authority during this period.
The latest decision has its roots in an IPR filed against a data management patent owned by Fall Line Patents, LLC. The decision resulted in the Board invalidating several claims. Fall Line's appeal of the Board decision was working its way through the PTAB and Federal Circuit behind Arthrex, the Supreme Court case holding that the USPTO Director has discretion to review PTAB final written decisions. After remand to the PTAB, Arthrex's request for Director review was denied by Commissioner for Patents Drew Hirshfeld, in his interim performance of the functions and duties...
