February 26, 2021
The trio of attorneys trying to win over the U.S. Supreme Court justices Monday in a dispute over whether Patent Trial and Appeal Board judges are constitutionally appointed are all seasoned veterans of the court and patent law. Here, Law360 introduces the three attorneys arguing U.S. v. Arthrex.
February 25, 2021
When the U.S. Supreme Court hears arguments Monday over whether Patent Trial and Appeal Board judges are constitutionally appointed, it will be the sixth time the high court has scrutinized the tribunal. Here’s a look at which topics have grabbed the justices’ attention in the past and what they decided.
January 22, 2021
The federal government and medical device company Smith & Nephew Inc. urged the U.S. Supreme Court on Friday to rule that the way Patent Trial and Appeal Board judges are appointed is constitutional and to reject calls to throw out the entire inter partes review system.
January 11, 2021
The U.S. Supreme Court rejected several petitions in intellectual property cases on Monday, ranging from what grounds the Patent Trial and Appeal Board can use to invalidate patents to whether the Welsh government can face a copyright suit over photos of poet Dylan Thomas.
January 04, 2021
The way decisions are made at the Patent Trial and Appeal Board is "destroying the American dream," inventors recently told the U.S. Supreme Court as part of a flood of amicus briefs supporting Arthrex Inc. in its high-profile bid to change how administrative patent judges are appointed.
December 23, 2020
The U.S. Supreme Court needs to get rid of the current inter partes review system and have Congress decide what comes next, since the Federal Circuit's attempt to remedy a leadership issue with the Patent Trial and Appeal Board created a system that's "neither impartial nor accountable," medical device company Arthrex Inc. said Wednesday.
December 03, 2020
Tech companies, generic-drug makers and intellectual property groups have urged the U.S. Supreme Court to overturn the Arthrex ruling that administrative patent judges weren't constitutionally appointed, and warned that a decision that disrupts America Invents Act reviews would cause "chaos."
November 25, 2020
The Federal Circuit misapplied clear U.S. Supreme Court precedent when finding that administrative patent judges weren't constitutionally appointed, the government and medical tech company Smith & Nephew said Wednesday in their opening salvos for the closely watched Arthrex case.
October 13, 2020
Attorneys will be watching the Arthrex case taken up by the U.S. Supreme Court on Tuesday as a chance for the justices to clear up a lingering question about the Constitution's appointments clause, but just how far the court will go — up to the extreme of invalidating the Patent Trial and Appeal Board — remains an open question.
October 13, 2020
The U.S. Supreme Court on Tuesday said it will review the Federal Circuit's explosive decision from Arthrex v. Smith & Nephew that Patent Trial and Appeal Board judges are unconstitutionally appointed.