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Corporate Counsel Administrative Patent Judges

Fenwick & West LLP

No More Waco, Texas Hold ‘Em on Patent Litigation Cases

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It isn’t every day that the literal landscape of patent litigation changes radically with the stroke of a pen. Monday, July 25, 2022 was such a day. That’s when Chief Judge Orlando H. Garcia of the U.S. District Court for the...more

Fitch, Even, Tabin & Flannery LLP

PTAB’s Structure and Funding Pass Due Process Muster

On October 13, in Mobility Workx v. Unified Patents, LLC, the Federal Circuit rejected a series of due process challenges to the structure of the Patent Trial and Appeal Board (PTAB), leaving the PTAB to continue with...more

Foley & Lardner LLP

Arthrex's Fallout - How is the Supreme Court Decision Affecting Appeals?

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The Supreme Court rendered its decision in Arthrex v. Smith & Nephew back in June and now the impact of that decision is becoming more clear. Arthrex had challenged the constitutionality of the appointment of administrative...more

Orrick, Herrington & Sutcliffe LLP

PTAB Snapshot – A Quarterly Report on Trends and New Precedent at the PTAB – Q3 The Arthrex Decision, Its Impact on Prior IPR...

In this second edition of Orrick’s quarterly series on the PTAB, we summarize the Arthrex decision, walk through the PTO’s post-Arthrex interim procedure for reviewing PTAB decisions, and discuss potential post-Arthrex...more

Wilson Sonsini Goodrich & Rosati

The PTAB Review - July 2021

This issue of The PTAB Review begins with a brief summary of the U.S. Supreme Court’s most recent pronouncement about America Invents Act (AIA) reviews. It then provides an update on the Patent Trial and Appeal Board’s...more

Foley & Lardner LLP

What Will Arthrex Review Look Like?

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Last week, the Supreme Court issued its decision in United States v. Arthrex, Inc. As explained in more detail in our June 24, 2021 post, after holding that “the unreviewable authority wielded by APJs during inter partes...more

BakerHostetler

A Brief Overview of the USPTO’s Interim Procedures Implementing Arthrex

BakerHostetler on

On June 21, 2021, the Supreme Court issued its long-awaited decision in United States v. Arthrex, 19-1434, 19-1452, 19-1458. The issue in Arthrex was “whether the authority of Administrative Patent Judges (APJs) to issue...more

Rothwell, Figg, Ernst & Manbeck, P.C.

In United States v. Arthrex, the Supreme Court Delivers A Seemingly Simple Solution That May Prove More Complicated in Practice

This week, in United States v. Arthrex, Inc., the Supreme Court vacated and remanded a decision by the Court of Appeals for the Federal Circuit (“the CAFC”), holding that the administrative patent judges (“APJs”) at the...more

Goodwin

Supreme Court’s Arthrex Ruling Calls For Greater PTAB Oversight But Narrows Remands

Goodwin on

In the long-awaited decision in United States v. Arthrex, Inc., the U.S. Supreme Court confirmed that the Patent Trial and Appeal Board is unconstitutionally structured, but held that the correct remedy is more limited than...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

What You Should Know About the Supreme Court's Decision in Arthrex

The US Supreme Court held in United States v. Arthrex that administrative patent judges’ ability to render final decisions on patentability on behalf of the Executive Branch is “incompatible with their status as inferior...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2020 Decisions

[co-author: Kathleen Wills] Last year, the global COVID-19 pandemic created unprecedented challenges for American courts. By making several changes, however, the U.S. Court of Appeals for the Federal Circuit was able to...more

Morrison & Foerster LLP - Federal Circuitry

Supreme Court to Review Arthrex: Big Deal or Ho Hum?

Over the past several months, we’ve looked at what Federal Circuit cases the Supreme Court has and hasn’t reviewed, and how often the Supreme Court agrees with each Federal Circuit judge. Today, we got another data point with...more

McCarter & English, LLP

Is Arthrex Uncertainty Leading To The Supreme Court?

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Last week, we alerted you that the Federal Circuit Court of Appeals called all recent final inter partes review (IPR) decisions into question. Today, we alert you to increasing uncertainty in the wake of the Arthrex v. Smith...more

McCarter & English, LLP

Appellate Court Calls All Recent Final IPR Decisions Into Question

All final written decisions in inter partes reviews (IPRs) suffer from a constitutional defect according to a recent decision of the Federal Circuit Court of Appeals. The decision suggests that the constitutional problem may...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Federal Circuit Finds the Appointment of PTAB Judges Unconstitutional and Provides Remedial Solution

Yesterday, in Arthrex, Inc. v. Smith & Nephew, Inc., a panel of the Federal Circuit unanimously held that the appointment scheme for the Patent Trial and Appeal Board’s (PTAB) Administrative Patent Judges (APJ) is...more

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