In Carr v. Saul, the U.S. Supreme Court unanimously held that a party can raise a challenge under the Constitution’s Appointments Clause to an Administrative Law Judge’s (“ALJ”) decision, even if the party did not raise the...more
On March 1, 2021, the Supreme Court heard oral arguments in Arthrex v. Smith & Nephew, No. 19-1434, on March 1, 2021, asking whether the appointment of PTAB judges is consistent with the way that “Officers of the United...more
In another noteworthy year for patent law, the U.S. Supreme Court and the Federal Circuit issued several decisions that altered the patent landscape, including three Supreme Court decisions and three en banc Federal Circuit...more
2/11/2019
/ § 315(b) ,
Claim Construction ,
Constitutional Challenges ,
Corporate Counsel ,
Intellectual Property Protection ,
Inter Partes Review (IPR) Proceeding ,
Oil States Energy Services v Greene's Energy Group ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
SAS Institute Inc. v Iancu ,
SCOTUS ,
Sovereign Immunity ,
USPTO ,
WesternGeco LLC v Ion Geophysical Corporation
Rumors of the PTAB’s demise were greatly exaggerated, it turns out. In a 7-2 decision, the Supreme Court held on Tuesday that Inter Partes Reviews (IPRs) violate neither Article III nor the Seventh Amendment of the...more
4/26/2018
/ Administrative Proceedings ,
America Invents Act ,
Article III ,
Constitutional Challenges ,
Inter Partes Review (IPR) Proceeding ,
Oil States Energy Services v Greene's Energy Group ,
Patent Trial and Appeal Board ,
Patents ,
Public Rights Doctrine ,
SCOTUS ,
Seventh Amendment ,
USPTO
Today, the Supreme Court agreed to hear a challenge to the constitutionality of inter partes review...more
6/12/2017
/ Administrative Agencies ,
Article III ,
Certiorari ,
Constitutional Challenges ,
Inter Partes Review (IPR) Proceeding ,
Patent Trial and Appeal Board ,
Patents ,
Private Property ,
Public Rights Doctrine ,
SCOTUS ,
USPTO
On May 11, 2017, with six of its twelve active judges authoring or joining separate opinions, the Federal Circuit denied a petition for an initial hearing en banc which asked the full Court to address the question “whether a...more
5/17/2017
/ America Invents Act ,
Appeals ,
Article III ,
Constitutional Challenges ,
En Banc Review ,
Inter Partes Review (IPR) Proceeding ,
Patents ,
Petition for Writ of Certiorari ,
Private Property ,
Public Rights Doctrine ,
Separation of Powers