NetList Inc (NLST): What has been unconstitutional WAS that...

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Re: 100lbStriper post# 15275

Sunday, 04/30/2023 6:08:44 PM

Sunday, April 30, 2023 6:08:44 PM

What has been unconstitutional WAS that the PTAB had the last decision until the Supreme Court decided on the „Arthrex“ case. In 2021 the SC made clear: because the USPTO Director has been appointed by the Congress (and not the PTAB), it is also the Director who is accountable for the decisions made by the PTAB. This has consequence! And in our favour I would say! Because only since 2022, the Director (Vidal was appointed in 2022), systematically reviews all decisions of the PTAB. To be precise: the Director‘s staff does and when they see apparent wrong doings (as they apparently did when they read the PTAB decision which agreed on the Samsung 912 IPR petition, then the Director steps in (sua Ponte!). And so did Vidal on 3 Februar have a lesson to the PTAB - in favour of Netlist!

Read here to understand:
https://crsreports.congress.gov/product/pdf/LSB/LSB10615

https://www.uspto.gov/patents/patent-trial-and-appeal-board/interim-process-director-review

https://www.uspto.gov/patents/patent-trial-and-appeal-board/procedures/arthrex-qas

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