5 Key Takeaways | Petitions for Expungement or Reexamination of the Trademark Modernization Act
JONES DAY TALKS®: Supreme Court Rules on Constitutionality of Administrative Patent Judges
JONES DAY TALKS®: Appointments of PTAB Judges Ruled Unconstitutional ... What Now?
A divided federal appeals court has ruled that President Trump illegally fired Democratic FTC member Rebecca Slaughter and has ordered that she be reinstated to her position....more
As readers know, we have written about Arthrex a lot. So what better way to start Monday than another short post? Today, the Supreme Court granted cert. in Carr v. Saul, No. 19-1442, and Davis v. Saul, No. 20-105—two cases...more
Last fall, the Federal Circuit held in Arthrex, Inc. v. Smith & Nephew, Inc. that the way the U.S. Patent and Trademark Office (“USPTO”) had appointed administrative patent judges (“APJs”) to the Patent Trial and Appeal Board...more
While the rest of us wait on the Federal Circuit’s decision on the rehearing petitions in Arthrex, Inc. v. Smith & Nephew, Inc., there are signs that the Federal Circuit judges themselves may already have moved on. In...more
The Appointments Clause: Ensuring That PTAB Decisions Are Subject to Constitutional Checks and Balances In Arthrex, Inc. v. Smith & Nephew, Inc., Appeal No. 18-2251, the Federal Circuit ruled that, under the then-existing...more
For the Patent and Trial Appeal Board (“PTAB”), the Administrative Patent Judges (“APJs”) are appointed by the Secretary of Commerce in consultation with the Director of the United States Patent and Trademark Office. For an...more
The Court of Appeals for the Federal Circuit (“Federal Circuit”) has issued an important decision affecting inter partes review (“IPR”) and possibly other cases decided by the Patent Trial and Appeal Board (“PTAB”). The...more
Last Thursday, the Federal Circuit found the appointments of Patent Trial and Appeal judges unconstitutional, in part because the judges do not receive sufficient oversight from the Director of the United States Patent and...more
Yesterday, in Arthrex, Inc. v. Smith & Nephew, Inc., a panel of the Federal Circuit unanimously held that the appointment scheme for the Patent Trial and Appeal Board’s (PTAB) Administrative Patent Judges (APJ) is...more