News & Analysis as of

United States v Arthrex Inc Supreme Court of the United States

Fish & Richardson

How the Timing of Director Review May Affect Co-Pending Litigation

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Director Review at the Patent Trial and Appeal Board (PTAB) remains a hot topic in patent law. The Director first established an interim process for Director Review in the wake of the Supreme Court’s 2021 decision in United...more

Fish & Richardson

What’s New in Director Review? Lessons From the Delegated Rehearing Panel’s First Decisions

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The Director of the United States Patent and Trademark Office (USPTO) established the interim process for Director Review of Patent Trial and Appeal Board (PTAB) decisions in the wake of the Supreme Court’s 2021 decision in...more

AEON Law

Patent Poetry: Patent Office Director Finds Petitioners Abused IPR Process

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In its 2021 Arthrex decision, the US Supreme Court found the Congressionally created inter partes review (IPR) system unconstitutional because it gave too much authority to the Patent Trial and Appeal Board (PTAB)...more

Rothwell, Figg, Ernst & Manbeck, P.C.

IPR Limbo During the Arthrex Decisions

In Polaris Innovations Ltd. v. Brent, No. 2019-1483, 2022 WL 4241665 (Fed. Cir. Sept. 15, 2022), the Federal Circuit faced an appeal that had bounced back and forth between the Court and Patent Trial and Appeal Board (“the...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - August 2022 #4

This week, we provide extensive write-ups about two consequential decisions issued by the United States Court of Appeals for the Federal Circuit concerning two procedural issues under the America Invents Act (“AIA”), both...more

Rothwell, Figg, Ernst & Manbeck, P.C.

New Interim Process at the PTAB for Decision Circulation and Internal Review

Recently, the Patent Trial and Appeal Board (PTAB) announced a new interim procedure for decision circulation and internal review. This interim procedure is aimed at promoting feedback, eliminating inconsistencies, and...more

Jones Day

Federal Circuit Approves Interim-Director Director Reviews

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The Federal Circuit’s decision on May 27, 2022 in Arthrex Inc. v. Smith & Nephew Inc. et al., set forth that Patent Commissioner, Drew Hirshfeld, was within the bounds of the U.S. Supreme Court’s United States v. Arthrex...more

Troutman Pepper

UPDATE: Arthrex Could Lead to Director Review of Institution Decisions

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In June 2021, the Supreme Court issued its decision in U.S. v. Arthrex, Inc., Nos. 19-1434, 19-1452, 19-1458 (June 21, 2021) (slip opinion). Authored by Chief Justice Roberts, the Court ruled that the statutory scheme...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

Rothwell, Figg, Ernst & Manbeck, P.C.

PTAB Lifts Arthrex Stay Order: What Happens Next at the USPTO?

On October 26, 2021, Chief Administrative Patent Judge (“APJ”) Scott R. Boalick of the Patent Trial and Appeal Board (“PTAB”) lifted a stay that he issued on May 1, 2020, pausing all activity in PTAB cases that were remanded...more

Troutman Pepper

Supreme Court Business Review: Significant Business Cases & Trends, 2019–2020 Terms

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The Supreme Court decided a number of significant business cases in the 2019 and 2020 terms. To outside observers, the decisions are characterized largely by continuity and incrementalism—we did not see a swinging pendulum of...more

Manatt, Phelps & Phillips, LLP

Supreme Court: PTAB Judges Unconstitutionally Appointed; Court Gives Director Supervisory Authority

In United States v. Arthrex, Inc., the Supreme Court held that Patent Trial and Appeal Board (PTAB) administrative patent judges (APJs) are unconstitutionally appointed. However, the Court resolved the problem by making PTAB...more

McDermott Will & Emery

TTAB Judicial Appointments are Determined Constitutionally Sound

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Addressing for the first time whether the Supreme Court of the United States’ recent decision in United States v. Arthrex, Inc. also applied to the Trademark Trial and Appeal Board (TTAB), the US Court of Appeals for the...more

WilmerHale

10 Open Appellate Issues Following High Court Arthrex Ruling

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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

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

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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

Jones Day

Post-Arthrex PTAB Appeals Mostly Moving On From Constitutional Kerfuffle

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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

Sunstein LLP

Supreme Court Finds Constitutional Violation in Patent Challenges, But Provides Quick Fix

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For those familiar with inter partes review—or IPR, as it is known—the recent Supreme Court decision in U.S. v. Arthrex was much anticipated because it carried with it the potential to upend the entire IPR system. IPR has...more

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

PTAB Strategies and Insights - July 2021: Arthrex: One Month Later

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

Jones Day

NEWS: USPTO Issues First Director Review Decisions

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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

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

PTAB Strategies and Insights - July 2021

[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

Locke Lord LLP

Impact of US v. Arthrex

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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

McDermott Will & Emery

PTO Updates Arthrex Guidance

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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

Jones Day

USPTO updates Arthrex Q&As

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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

Jones Day

JONES DAY TALKS®: Supreme Court Rules on Constitutionality of Administrative Patent Judges

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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

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