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JONES DAY TALKS®: Supreme Court Rules on Constitutionality of Administrative Patent Judges
Late in the day on April 10, the U.S. Supreme Court issued a unanimous opinion relating to an order in the case of Noem v. Abrego Garcia....more
On October 21, 2024, the Supreme Court declined to hear a challenge to the structure of the Consumer Product Safety Commission (CPSC). As we explained in a previous blog post, under CPSC’s current structure, the president of...more
Overview The Supreme Court of the United States has agreed to review a case taking direct aim at “overregulation” by federal administrative agencies. Any client or business that routinely deals with federal administrative...more
EPA and the Army Corps of Engineers have asked the White House Office of Management and Budget to review its most recent attempt to define "Waters of the United States". That definition determines the reach of the Federal...more
Just a few weeks ago the conservative majority of our nation's Supreme Court said that it is up to Congress to authorize what it described as a "seemingly sensible solution" to the fact that our planet is quite literally...more
[co-author: Jamie Dohopolski] Last year, the continued global COVID-19 pandemic forced American courts to largely continue the procedures set in place in 2020. The U.S. Court of Appeals for the Federal Circuit was no...more
On June 21, 2021 the U.S. Supreme Court issued its decision in U.S. v. Arthrex Inc. Two questions were before the court. First, are administrative patent judges principal officers who must be appointed by the president...more
The U.S. Supreme Court’s opinion in United States v. Arthrex has shaken up the Patent Trial and Appeals Board but will likely have little effect on case outcomes. Arthrex involved a challenge to the constitutionality of the...more
The availability of post-grant proceedings at the Patent Trial and Appeal Board (PTAB) has changed the face of patent litigation. This monthly digest is designed to keep you up-to-date by highlighting interesting PTAB,...more
This is a follow up to our earlier post about the fallout from the Supreme Court’s June 21, 2021 decision in U.S. v. Arthrex, holding that PTAB APJs were unconstitutionally appointed because they exercised “principal...more
Following the Supreme Court’s decision in United States v. Arthrex, the Federal Circuit issued requests for briefing regarding the decision’s impact in pending PTAB appeals in which an Appointments Clause challenge had been...more
On July 6th and 7th, the USPTO made good on its promise to not wait for a confirmed director to begin Arthrex Director reviews, issuing its first denials of review requests. The full press release is below:...more
[co-author: Jay Bober, Summer Associate] The PTAB Strategies and Insights newsletter provides timely updates and insights into how best to handle proceedings at the USPTO. It is designed to increase return on investment for...more
The long-awaited decision in United States v. Arthrex held that the Patent Trial and Appeal Board (PTAB) is inconsistent with the Constitution’s Appointments Clause because the administrative patent judges (APJs) that...more
On July 20th, the PTAB provided additional clarifications regarding its views on Arthrex and how its interim procedures for requesting Director review will work for cases receiving Final Written Decisions on a going forward...more
The United States Supreme Court has delivered its decision in U.S. v. Arthrex, which determined whether appointments of administrative patent judges to the U.S. Patent and Trademark Office’s Patent Trial and Appeal Board...more
In a split decision, the United States Supreme Court ruled on June 21, 2021, in United States v. Arthrex, that administrative patent judges (APJs) are not constitutionally permitted to wield “unreviewable authority” during...more
In its July 1st Boardside Chat, the PTAB discussed the Supreme Court’s recent Arthrex decision and the interim procedure for Director review. The panel included Drew Hirschfeld (Performing the functions and duties of the...more
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
A recent Supreme Court decision could add a new dimension to the patentability review process before the Patent Trial and Appeal Board. On June 21, 2021, the U.S. Supreme Court decided United States v. Arthrex, Inc.,...more
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
On June 29th, the PTO issued an initial protocol for requesting Director review of a PTAB Final Written Decision according to the Supreme Court’s Arthrex decision. This Arthrex protocol is similar to the current procedure...more
On June 21, 2021, in United States v. Arthrex, the Supreme Court finds that Administrative Patent Judges (“APJs”) on the Patent Trial and Appeal Board (“PTAB”) panels for inter partes review (“IPR”) proceedings to be acting...more
On June 21, 2021, the Supreme Court issued its decision in United States v. Arthrex, which created a review process that gives the PTO Director the ability to independently review decisions rendered by Administrative Patent...more
Through a splintered set of opinions, the Supreme Court of the United States held that appointment of administrative patent judges (APJs) serving on the Patent Trial and Appeal Board (PTAB) violated the Appointments Clause of...more