On June 21, 2021, the Supreme Court of the United States issued its decision in United States v. Arthrex, Inc., a case that questioned whether the appointment of Patent Trial and Appeal Board (PTAB) judges violated the U.S. Constitution’s appointments clause. The high court largely upheld the current process and gives the U.S. Patent and Trademark Office (USPTO) director the power to overturn inter partes review (IPR) decisions. However, practitioners expect to receive further guidance from the USPTO. Bloomberg Law interviewed Finnegan partner Erika Arner for her thoughts on the decision.
President Joe Biden has yet to name a new USPTO director, so it is unclear what the director’s new review process will look like. Erika said, “There are a few statements that explain what needs to happen in very broad-brush terms, but beyond that, the court gave very little guidance as to specifics of what needs to happen next.” She expects the USPTO will issue proposed guidance soon, as the agency acted in a matter of days to provide guidance for how to implement the Supreme Court’s 2018 ruling in SAS Institute v. Iancu, which forced the PTAB to consider all patent claims challenged in an IPR.
Read “High Court Patent Ruling Helps Agency Head Shape Results”
Arthrex v. Smith & Nephew , United States v. Arthrex, Supreme Court of the United States (SCOTUS), Patent Trial and Appeal Board (PTAB), administrative patent judge (APJ)
Press Release
May 17, 2024
Award/Ranking
Women in Business Law EMEA Awards 2024: Finnegan Nominated for German Firm of the Year
May 15, 2024
Commentary
World IP Day: EPO Reveals 33% Jump in Cleantech Inventions Over Five Years
April 26, 2024
Award/Ranking
Finnegan Shortlisted for the 2024 Asian Legal Business Japan Law Awards
April 26, 2024
Award/Ranking
Finnegan Named Firm of the Year at the 2024 Managing Intellectual Property Americas Awards
April 26, 2024
Due to international data regulations, we’ve updated our privacy policy. Click here to read our privacy policy in full.
We use cookies on this website to provide you with the best user experience. By accepting cookies, you agree to our use of cookies. Please note that if you opt not to accept or if you disable cookies, the “Your Finnegan” feature on this website will be disabled as well. For more information on how we use cookies, please see our Privacy Policy.
Finnegan is thrilled to announce the launch of our new blog, Ad Law Buzz, devoted solely to breaking news, developments, trends, and analysis in advertising law.