News & Analysis as of

Senate Confirmation Hearings Patent Trial and Appeal Board

Jones Day

Senate Confirms Kathi Vidal as USPTO Director

Jones Day on

On April 5, 2022, the Senate confirmed Kathi Vidal as the new Director of the USPTO by voice vote. President Joe Biden nominated Vidal for the post last October. ...more

Fox Rothschild LLP

Kathi Vidal Confirmed As The Next USPTO Director

Fox Rothschild LLP on

On April 5, 2022, after more than one year of vacancy, the Senate confirmed attorney Kathi Vidal as the next director of the United States Patent and Trademark Office....more

WilmerHale

PTAB/USPTO Update - December 2021

WilmerHale on

USPTO Leadership - ..Drew Hirshfeld is still performing the functions and duties of Director. Kathi Vidal, the Biden Administration’s nominee to be the next Director, testified at the Senate Judiciary...more

International Lawyers Network

Can Appointment of Administrative Patent Judges be Unconstitutional?

For the Patent and Trial Appeal Board (“PTAB”), the Administrative Patent Judges (“APJs”) are appointed by the Secretary of Commerce in consultation with the Director of the United States Patent and Trademark Office.  For an...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

Knobbe Martens

Federal Circuit Decision May Give Second Chance to Some PTAB Litigants

Knobbe Martens on

The Court of Appeals for the Federal Circuit (“Federal Circuit”) has issued an important decision affecting inter partes review (“IPR”) and possibly other cases decided by the Patent Trial and Appeal Board (“PTAB”).  The...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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