Supreme Court’s Arthrex Ruling Calls For Greater PTAB Oversight But Narrows Remands
By EsqSocial Corporation 22/06/21
In the long-awaited decision in United States v. Arthrex, Inc., the U.S. Supreme Court confirmed that the Patent Trial and Appeal Board is unconstitutionally structured, but held that the correct remedy is more limited than the one the U.S. Court of Appeals for the Federal Circuit had granted. Instead of a new hearing before a new panel of the Board, raising an Appointments Clause objection on appeal will only result in a remand to the Director of the Patent and Trademark Office, to allow him or...
By: Goodwin