Supreme Court Ruling: United States v. Arthrex, Inc. - June 2021
By EsqSocial Corporation 22/06/21
United States v. Arthrex, Inc., et al, Appeal No. 2019-1434 (Fed. Cir. June 21, 2021) - The Supreme Court issued its long-awaited decision today on the constitutionality of the Patent Trial and Appeal Board (PTAB). The Court held that the Administrative Patent Judges (APJs) who make up the majority of the PTAB are not constitutionally appointed under the Appointments Clause of the U.S. Constitution. To remedy this defect, a majority of the Court held that the Director has the authority to...
By: Schwabe, Williamson & Wyatt PC