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Justices To Consider Appointments Clause Challenge To Administrative Patent Judges

The justices continue their light load for the February argument session next week. First up is Monday’s United States v. Arthrex, Inc., consolidated with both Smith & Nephew, Inc. v. Arthrex, Inc. and Arthrex, Inc. v. Smith...more

Replying on Arthrex, the Smith & Nephew Reply Brief

Smith & Nephew and the United States filed their reply briefs on January 22. Smith & Nephew’s reply brief, which we review here, critiques the arguments Arthrex made in its initial merits brief, addresses some issues raised...more

Federal Circuit Denies Sipco’s Appeal of CBM Institution

In a precedential decision, the Federal Circuit held that the threshold determination that appellant SIPCO LLC’s patent qualifies for covered business method (CBM) review is non-appealable. Accordingly, the Federal Circuit...more

U.S. Supreme Court to Decide Constitutionality of PTAB Judge Appointments

The U.S. Supreme Court will hear a case that has dramatic and sweeping implications for proceedings before the Patent Trial and Appeal Board (PTAB). On October 13, 2020, the Supreme Court granted three petitions for writ of...more

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