News & Analysis as of

Secretary of Commerce Appointments Clause

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

Federal Circuit Appeals From The PTAB: Summaries of Key 2019 Decisions: Arthrex v. Smith & Nephew, 941 F.3d 1320 (Fed. Cir. 2019)

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

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

PTAB Strategies and Insights - November 2019: Arthrex Decision - Overview of Facts and Implications

This document provides a factual overview of the Federal Circuit’s decision in Arthrex v. Smith & Nephew, discusses the court’s remedy, and addresses implications for litigants with Patent Trial and Appeal Board cases pending...more

Brownstein Hyatt Farber Schreck

Arthrex: Administrative Patent Judges Found Unconstitutional

In a surprising precedential ruling, with the potential to vacate past decisions by administrative patent judges (“APJs”) of the U.S. Patent and Trademark Office (“USPTO”), the Court of Appeals for the Federal Circuit ruled...more

Akin Gump Strauss Hauer & Feld LLP

Federal Circuit: Appointment of PTAB Judges Violates the Constitution’s Appointments Clause

In Arthrex, Inc. v. Smith & Nephew, Inc., the Federal Circuit held that appointment of Administrative Patent Judges (APJs) by the Secretary of Commerce violates the Appointments Clause of the U.S. Constitution. The court then...more

Troutman Pepper

The PTAB and the Constitution

Troutman Pepper on

Arthrex, Inc. v. Smith & Nephew, Inc., Appeal No. 2018-2140 (Fed. Cir., October 31, 2019) - Since the inception of inter partes review at the Patent Trial and Appeals Board (PTAB), there have been a number of...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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