News & Analysis as of

United States v Arthrex Inc Director of the USPTO

Jones Day

Recap: Post-Arthrex Director Reviews State of Play

Jones Day on

In a previous post from July 2021, we discussed the interim process for Director review in PTAB proceedings post-Arthrex. Since then, only three out of over 175 requests for Director review of a Final Written Decision have...more

Haug Partners LLP

Senate Confirms Kathi Vidal as Next USPTO Director

Haug Partners LLP on

On April 5, 2022, the U.S. Senate confirmed Kathi Vidal as the next Director of the U.S. Patent and Trademark Office (“USPTO”). The Senate’s confirmation comes more than one-year since former director, Andrei Iancu,...more

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

Jones Day

PTAB News: First Arthrex Director Review Granted

Jones Day on

In a recent decision, Commissioner Andrew Hirschfeld, who is currently performing the functions and duties of the Under Secretary of Commerce for Intellectual Property and Director of the USPTO, issued the first post-Arthrex...more

American Conference Institute (ACI)

[Virtual Conference] PTAB Practice Briefing - December 2nd, 10:00 am - 6:00 pm EST

Year-End Analysis and Future Forecasts on the Most Significant Developments Impacting Post-Grant Proceedings. Attend ACI’s inaugural PTAB Practice Briefing virtually on December 2nd for in-depth discussions and year-end...more

Haug Partners LLP

The Federal Circuit holds that the Structure of the PTAB is Constitutional

Haug Partners LLP on

Is the Patent Trial and Appeal Board (“Board”) constitutional? This was a question asked by Mobility Workx in Mobility Workx, LLC v. Unified Patents, LLC, 2021-1441, 2021 WL 4762265 (Fed. Cir. 2021). Mobility Workx raised...more

Fenwick & West LLP

How Will Arthrex Affect PTAB Outcomes? Likely, Not Much

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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

Goodwin

Issue 34: PTAB Trial Tracker

Goodwin on

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

McDermott Will & Emery

PTO Updates Arthrex Guidance

McDermott Will & Emery on

The US Patent & Trademark Office (PTO) updated its June 29, 2021, interim procedure to implement the Supreme Court of the United States’ decision in U.S. v. Arthrex, Inc., and specifically updated the Arthrex Q&As section....more

Hogan Lovells

Post-Arthrex USPTO interim process creates new options for director review, but parties must act quickly

Hogan Lovells on

On June 21, 2021, the Supreme Court handed down a highly-anticipated decision in United States v. Arthrex, Inc., finding that Administrative Patent Judges (“APJs”)—the judges who sit on Patent Trial and Appeal Board (“PTAB”)...more

Snell & Wilmer

Supreme Court Holds that PTAB Judges Are Unconstitutionally Appointed

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The Supreme Court held this week that the United States Patent and Trademark Office’s (“USPTO”) appointment of Patent Trial and Appeal Board (“PTAB”) judges cannot be constitutionally enforced because the USPTO director does...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

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

Akin Gump Strauss Hauer & Feld LLP

Supreme Court Rules PTAB Decisions Subject to Discretionary Review by PTO Director, Vacating Federal Circuit Decision in Arthrex

The Supreme Court issued its decision in United States v. Arthrex, Inc., which considered whether Administrative Patent Judges’ (APJs) authority to issue decisions in inter partes reviews on behalf of the executive branch is...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

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

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

Foley & Lardner LLP on

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

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

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