United States v. Arthrex: The Supreme Court Provides the Director of the USPTO with Review Authority over Final PTAB Decisions
By EsqSocial Corporation 29/06/21
On June 21, 2021, in United States v. Arthrex, the Supreme Court finds that Administrative Patent Judges (“APJs”) on the Patent Trial and Appeal Board (“PTAB”) panels for inter partes review (“IPR”) proceedings to be acting as Principal Officers in violation of the Appointments Clause. Rather than dismantle PTAB, the Supreme Court decides the appropriate remedy to be able to constitutionally enforce the decisions of PTAB is to provide the Director of the USPTO with additional authority so that...
By: Shutts & Bowen LLP