On March 23, 2020, the Court of Appeals for the Federal Circuit denied requests for en banc rehearing in Arthrex v. Smith & Nephew, a decision that found the appointment of Patent Trial and Appeal Board (PTAB) administrative patent judges (APJs) to be unconstitutional. Intellectual Property Magazine interviewed Finnegan partner Kathleen Daley for her thoughts on the court’s denial.
Kathleen said, “In denying the rehearing, the Federal Circuit has left the status quo in place... Judge Moore in her concurrence made a point of noting that the Athrex decision only impacts a limited number of cases. And that number continues to decrease as time goes on. As a result, by denying the rehearing the Federal Circuit assured no further disruptions unless SCOTUS takes the case." She believes the Supreme Court of the United States (SCOTUS) may be interested in the case since the appointment of officers and their status can have implications for other agencies beyond the U.S. Patent and Trademark Office (USPTO).
Read the full article here.
