直 Japanese PDF Font
  • Our Professionals
  • Our Work
  • Our Insights
  • Offices
  • Firm
  • Careers
Finnegan
  • News
  • Finnegan Facts
  • History
    • Finnegan VISION
    • Finnegan FORWARD
  • Pro Bono
  • Management
    • Pricing & Alternative Fee Arrangements
    • AFA Models We Offer
    • Contingency Fees
    • AI + KM

Commentary

High Court Patent Ruling Helps Agency Head Shape Results

June 22, 2021

Bloomberg Law

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”

Tags

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)

Related Practices

Appeals, Issues, and Legal Strategy

Federal Circuit and Supreme Court Appeals

Patent Office Invalidation Proceedings

Related Offices

Reston, VA

Related Professionals

Erika Harmon Arner
Partner
Washington, DC
+1 571 203 2754
Email

Related News

Press Release

Ninth Circuit Denies Zync’s Emergency Motion to Stay; BMW’s Preliminary Injunction Remains in Full Effect, ITC Stay Expected to Continue

July 23, 2026

Commentary

PTAB Filings Down 81% in Q2 2026 as Patent Challengers Abandon IPR Playbook

July 13, 2026

Commentary

SCOTUS to Rule on Pepsi Win, Trademark Enforcement Changes Could Follow

July 13, 2026

Commentary

Levi’s Has Filed 2 New Lawsuits This Year to Protect Its Red Tab Trademark

July 9, 2026

Commentary

‘Oyez, Oyez.’ Supreme Court’s Last Official Crier Dies at 102

July 8, 2026

Award/Ranking

Best Lawyers in Germany Recognizes Dr. Dr. Jochen Herr in Recent Rankings

July 16, 2026

Commentary

Patent Strategy Could Shape Financing, Valuation and Risk in Offshore Energy Projects

June 30, 2026

Award/Ranking

Finnegan’s European Practices and Attorneys Highlighted in 2026 Managing IP Rankings

June 25, 2026

Commentary

Zync Fights Block of ITC Trade Secret Case Against BMW

June 24, 2026

Due to international data regulations, we’ve updated our privacy policy. Click here to read our privacy policy in full.

  • Privacy
  • Disclaimer
  • Legal Notices
  • Fraud Alert
  • EEO Statement
  • Cookies
  • Contact Us

© 2026 Finnegan, Henderson, Farabow, Garrett & Dunner, LLP