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

Finnegan Expands U.S. Platform with Launch of Dallas Office

September 2, 2026

Commentary

East Texas Reclaims Its Patent Crown

August 21, 2026

Commentary

Early Test of USPTO's Ex Parte Preorder Filing Leads to Re-Exam Denial

August 21, 2026

Media Mention

Law360's Legal Lions of the Week: Volkswagen Group of America, Inc.

August 21, 2026

Award/Ranking

31 Finnegan Attorneys Recognized by Best Lawyers 2027

August 20, 2026

Press Release

USPTO Denies Super Lighting Reexamination Request Following PVTECH Pre-Order Submission Under New USPTO Procedure

August 19, 2026

Commentary

Why Global IP Litigants Keep Turning to English Courts

August 19, 2026

Media Mention

VW Wins in Patent Appeal Over Electrically Controlled Glasses

August 19, 2026

Media Mention

Federal Circuit Backs Volkswagen’s $207,500 Fees Against NPE

August 19, 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