CAFC Patent Cases - June 2021 #2


Supreme Court Opinions

  1. United States v. Arthrex, Inc. (No. 19-1434, 6/21/21)
    Vacating Federal Circuit decision regarding IPRs and remanding. In split decisions, majorities of the Court (1) held that administrative patent judges were unconstitutionally acting as Principal Officers of the United States, even though they had not been appointed by the President and confirmed by the Senate and (2) provided a remedy that leaves the basic IPR framework intact. The Court partially struck Section 6(c) of the patent statute so that the PTO Director, who is a Principal Officer, will have an opportunity to review PTAB decisions. “[W]e hold that 35 U.S. C. §6(c) is unenforceable as applied to the Director insofar as it prevents the Director from reviewing the decisions of the PTAB on his own.” The Court’s remedy of providing review by the Director “follows the almost-universal model of adjudication in the Executive Branch.” 

    WilmerHale hosted a webinar summarizing and analyzing this decision. A recording and materials are available here.

Precedential Federal Circuit Opinions

No precedential patent opinions.


DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© WilmerHale | Attorney Advertising

Written by:


WilmerHale on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide
- hide

This website uses cookies to improve user experience, track anonymous site usage, store authorization tokens and permit sharing on social media networks. By continuing to browse this website you accept the use of cookies. Click here to read more about how we use cookies.