PTAAARMIGAN argues NHK/ Fintiv is generally valid, but its application limits its authoritative impact on PTAB panels, necessitating a focus on statutory compliance.
The brief contends that NHK/ Fintiv falls within the agency's authority but emphasizes the need for the Federal Circuit to scrutinize the procedural validity of the PTO's rules.
Citing past judicial decisions, the PTAAARMIGAN brief stresses the importance of adherence to statutory rulemaking processes, highlighting concerns over the PTO's unilateral decision-making.
The advocates urge the court to reaffirm the lower court's ruling while also calling for accountability from the PTO for procedural failings in rulemaking.
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