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Commentary

Arthrex: ‘Patents Have Become More Political’

June 22, 2021

World Intellectual Property Review

The Supreme Court of the United States’ Arthrex decision determined that Patent Trial and Appeal Board (PTAB) Administrative Patent Judges (APJs) were unconstitutionally appointed. As a remedy, the Supreme Court handed power to the U.S. Patent and Trademark Office (USPTO) director to assess inter partes review (IPR) decisions. World IP Review interviewed Finnegan partner Derek McCorquindale for his thoughts on the decision.

Derek said, “The director’s authority is executive and remains circumscribed to allow the U.S. President to maintain adequate control, including the power of direct removal. Additionally, any review conducted by the director will still be subject to judicial review at the United States Court of Appeals for the Federal Circuit.”

Read “Arthrex: ‘Patents Have Become More Political’”

Tags

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)

Related Practices

Federal Circuit and Supreme Court Appeals

Patent Office Invalidation Proceedings

Related Offices

Reston, VA

Related Professionals

J. Derek McCorquindale
Partner
Reston, VA
+1 571 203 2768
Email

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