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Supreme Court Preserves PTAB But Requires USPTO Director Discretionary Review of PTAB Decisions

The US Supreme Court issued its highly anticipated decision on June 21 in United States v. Arthrex, Inc., addressing whether the authority of administrative patent judges (APJs) of the Patent Trial and Appeal Board (PTAB) to...more

Government Arguments Potentially Open Constitutional Can of Worms Regarding PTAB Appointments

In response to arguments made by the US government in an appeal pending before the US Supreme Court, members of Congress requested an investigation into the adequacy of due process afforded to Patent Trial and Appeal Board...more

Recent Federal Circuit Decision Suggests Patent Challengers Cannot Invoke Arthrex

A recent decision by the US Court of Appeals for the Federal Circuit suggests that petitioners who unsuccessfully challenge patents in an inter partes review (IPR) at the Patent Trial and Appeal Board (PTAB) cannot rely on...more

Supreme Court Considers Constitutional Challenge to Inter Partes Review

The Court recently heard arguments in Oil States Energy Services, LLC v. Greene’s Energy Group, LLC on whether inter partes review—an adversarial process used by the US Patent and Trademark Office to determine the...more

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