On October 13, 2021, the Federal Circuit (2-1 majority) ruled in favor of Unified Patents, rejecting Mobility Workx's arguments that the PTAB has a financial interest in instituting IPRs. All of Mobility Workx's constitutional arguments were found to be "without merit."

In line with other Arthrex cases, the PTAB's finding the patent is unpatentable has been remanded back to the Acting Director for the limited purpose of determining whether review is warranted. The arguments, which appear copied verbatim from another appeal, were not raised below.

The complete opinion can be found below: