Supreme Court in United States v Arthrex Salvages Administrative Patent Judge Statute, Declares PTO Director Can Review Final Written APJ Panel Decisions
By EsqSocial Corporation 24/06/21
The Constitution’s Article II “Appointments Clause” requires the President, with the advice and consent of the Senate, to appoint “officers” of the United States. In United States v. Arthrex, Inc., the Supreme Court reviewed Arthrex’s challenge to the constitutionality of how Administrative Patent Judges (APJs) are currently appointed to the Patent Trial and Appeal Board (PTAB). After an APJ panel ruled against Arthrex in a PTAB proceeding, Arthrex argued that the decision was invalid because...
By: Foley Hoag LLP