United States, Petitioner, v. Arthrex, Inc., et al.

  1. September 29, 2023

    'Administrative State' Attacks Soar To High Court Crescendo

    After methodically amassing U.S. Supreme Court victories against agency enforcers and regulators, a legal crusade against "administrative state" powers is poised to parlay piecemeal wins into a climactic conquest during the high court's new term, which is already teeming with anti-agency cases.

  2. December 13, 2021

    The Biggest Patent Rulings Of 2021

    The U.S. Supreme Court preserved America Invents Act reviews by creating a new review process, and narrowed application of a rule that could allow more inventors to challenge their own patents. Here's a look back at the biggest patent cases of the year.

  3. June 22, 2021

    In Arthrex, Justices Deal New Blow To Agency Independence

    The U.S. Supreme Court's Monday decision in U.S. v. Arthrex Inc. stripping administrative patent judges of final decision-making authority is a bombshell for the intellectual property world, but experts say it also blunts Congress' efforts to keep politics out of agency adjudications.

  4. June 21, 2021

    Arthrex Ruling Leaves Attys Eyeing USPTO For Guidance

    The U.S. Supreme Court's ruling Monday giving the U.S. Patent and Trademark Office director the right to review Patent Trial and Appeal Board decisions will require vital guidance from the agency on the front end, even if attorneys say it won't ultimately lead to a dramatic change in proceedings.

  5. June 21, 2021

    New Arthrex Powers Put Spotlight On USPTO Director Search

    The U.S. Supreme Court on Monday theoretically gave the next director of the U.S. Patent and Trademark Office expansive new power to determine the validity of patents, but practical and political considerations will likely limit the eventual nominee's ability to wield it, attorneys say.

  6. June 21, 2021

    Justices Add More Oversight To PTAB In Arthrex Ruling

    The U.S. Supreme Court on Monday held that Patent Trial and Appeal Board judges are unconstitutionally appointed but that giving the U.S. Patent and Trademark Office's director more control over their rulings will fix the problem.

  7. April 07, 2021

    A Breakdown Of The PTAB Backlog Arthrex Caused

    While the U.S. Supreme Court mulls whether Patent Trial and Appeal Board judges are properly appointed, the board is sitting on a backlog of just under 100 remanded cases, some of which are already a decade old. Here, Law360 takes a close look at those cases.

  8. March 01, 2021

    Justices Suggest PTAB Will Survive, But With More Oversight

    The U.S. Supreme Court on Monday seemed unpersuaded that Patent Trial and Appeal Board judges have enough oversight to square with the Constitution's appointments clause, but leaned toward altering the existing system rather than dismantling the board altogether and letting Congress decide what's next.

  9. February 26, 2021

    Up Next At High Court: PTAB's Legality, Voting Rights Act

    The U.S. Supreme Court is set to tackle legal questions with major consequences for the patent world and voting rights this week as it heads into the final action-packed months of its term.

  10. February 26, 2021

    4 Paths The Justices Could Take In Arthrex

    After the justices weigh the fate of administrative patent judges on Monday in U.S. v. Arthrex, they’re likely to rule in one of four ways, from as simple as keeping the current system in place to calling for a rework of the Patent Trial and Appeal Board. Here’s a look at four different ways the justices could rule.