June 22, 2021
Intellectual Property Magazine
In its June 21, 2021, decision in United States v. Arthrex Inc., the Supreme Court of the United States held that the appointment of Patent Trial and Appeal Board (PTAB) administrative patent judges (APJs) is unconstitutional. APJs were appointed by the Secretary of Commerce which required that they be supervised by a “superior officer.” However, Arthrex argued that APJs are not “inferior officers” under the U.S. Constitution’s appointments clause and therefore should be appointed by the President and confirmed by the Senate. Intellectual Property Magazine interviewed Finnegan partner Trenton Ward for his thoughts on the decision.
Trenton noted that the SCOTUS’ decision is “significant” as it negates speculation that the court “might disband the PTAB in favor of a potential Congressional fix.” He added, “We do not anticipate any impact on administrative patent judge appointments going forward, as the court’s decision requires USPTO director discretion to review PTAB decisions but does not indicate that changes to the appointment process for APJs are necessary. It remains to be seen what additional review by the director will look like and which cases the director will choose to review.”
Read “Arthrex Finds that APJs Are Unconstitutionally Appointed”
United States v. Arthrex, Arthrex v. Smith & Nephew , Supreme Court of the United States (SCOTUS), Patent Trial and Appeal Board (PTAB), administrative patent judge (APJ)
Commentary
How I Made It to Law Firm Leadership: 'Devote Time to Initiatives That Improve the Firm'
November 13, 2023
Award/Ranking
Five Finnegan Partners Named 2024 Leading Litigators in America by Lawdragon
October 30, 2023
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.