News & Analysis as of

Principle Officers Director of the USPTO

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

Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2021 Decisions: United States v. Arthrex, 141 S. Ct. 1970 (2021)

Arthrex appealed a final written decision from an inter partes review (IPR) where the U.S. Patent Trial and Appeal Board (PTAB) found all challenged claims of its patent anticipated. On appeal, Arthrex argued that the...more

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

Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2021 Decisions

[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

Mintz - Intellectual Property Viewpoints

Arthrex SCOTUS Ruling: The IPR Show Must Go On, Just with (a Bit) More Oversight

On Monday, in a highly-anticipated decision, a fractured Supreme Court issued its opinion in United States v. Arthrex, et al., striking a portion of the America Invents Act (AIA) as unconstitutional—but providing an...more

White & Case LLP

The US Supreme Court Fixes Constitutional Defect in the AIA by Making PTAB Decisions Reviewable by the USPTO Director

White & Case LLP on

On June 21, 2021, the US Supreme Court issued its decision in Arthrex, Inc. v. Smith & Nephew, Inc., No. 19-1434. The Court found that the provisions of the America Invents Act establishing inter partes review proceedings...more

Morgan Lewis

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

Morgan Lewis on

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

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

Morgan Lewis

Government Arguments Potentially Open Constitutional Can of Worms Regarding PTAB Appointments

Morgan Lewis on

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

Jones Day

Arthrex: Supreme Court Asks “Who’s The Boss?”

Jones Day on

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

McDonnell Boehnen Hulbert & Berghoff LLP

U.S. v. Arthrex: Supreme Court Oral Argument

The Supreme Court heard argument on Monday in U.S. v. Arthrex, involving the question of whether appointment of Administrative Patent Judges (APJs) and their authority under the Leahy-Smith America Invents Act violates the...more

White & Case LLP

The Supreme Court Hears Oral Argument in Arthrex

White & Case LLP on

On March 1, 2021, the Supreme Court heard the oral argument in Arthrex, Inc. v. Smith & Nephew, Inc., No. 19-1434. Two questions are before the Court. First, whether under the Appointments Clause, U.S. Const. Art. II, § 2,...more

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

Arthrex SCOTUS Oral Arguments on Monday! We’ll Be Live Tweeting Updates

When oral arguments commence in United States v. Arthrex, Inc., No. 19-1434 (U.S.) on Monday, March 1, William H. Milliken, a director in Sterne Kessler’s Trial & Appellate Practice Group, will be live tweeting updates from...more

Foley & Lardner LLP

What Arthrex Could Mean for the PTAB Going Forward

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Now that the Supreme Court has granted cert in Arthrex v. Smith & Nephew, patent owners and petitioners alike may be wondering what ramifications the Court’s decision may have on their proceedings.  In this article, we...more

Proskauer - Minding Your Business

Supreme Court to Weigh in on Constitutionality of Patent and Trial Appeal Board Appointments

The Supreme Court recently granted three petitions for certiorari challenging the Federal Circuit’s holding in Arthrex v. Smith & Nephew that administrative patent judges of the Patent Trial and Appeal Board (PTAB) are...more

McDermott Will & Emery

Supreme Court to Consider Whether PTAB Judges Are Unconstitutionally Appointed

McDermott Will & Emery on

The Supreme Court of the United States agreed to consider whether Patent Trial and Appeal Board (PTAB) judges are unconstitutionally appointed. The United States of America v. Arthrex, Inc., Case Nos. 19-1452, -1458, -1459...more

Foley Hoag LLP - Making Your Mark

Missing Appointments: Supreme Court Grants Certiorari in Arthrex v. Smith & Nephew

While all eyes have been trained on the confirmation hearings from last week, the Supreme Court made news in the IP world. The Court granted certiorari in Arthrex v. Smith & Nephew (Nos. 19-1434, -1452, -1458), a decision...more

Morgan Lewis

Supreme Court Will Review Arthrex Cases Regarding Whether PTAB Judges Are Constitutional

Morgan Lewis on

The US Supreme Court has granted certiorari in three cases relating to the US Court of Appeals for the Federal Circuit’s controversial October 2019 decision in Arthrex, Inc. v. Smith & Nephew, Inc. In Arthrex, the Federal...more

McDonnell Boehnen Hulbert & Berghoff LLP

U.S. Government Petitions for Certiorari in Arthrex Case

Last fall, the Federal Circuit decided in Arthrex, Inc. v. Smith & Nephew, Inc. that Administrative Patent Judges (APJs) serving on the Patent Trial and Appeal Board (PTAB) were principal officers and thus had been improperly...more

Mintz - Intellectual Property Viewpoints

Federal Circuit Holds Appointment of PTAB Judges Violates the Constitution, Vacates and Remands Final Written Decision

n a decision with potential far-reaching implications, Arthrex, Inc. v. Smith & Nephew, Inc., the Federal Circuit held Thursday that appointments of Administrative Patent Judges (“APJs”) of the Patent Trial and Appeal Board’s...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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