Justices Float Multiple Fixes to Save Patent Judge Appointments

The Supreme Court of the United States is weighing arguments in United States v. Arthrex to decide whether the appointment of Patent Trial and Appeal Board (PTAB) administrative patent judges (APJs) is constitutional. Bloomberg Law interviewed Finnegan partner Cory Bell for his thoughts on the oral arguments.

Cory commented on the impact the decision might have on the inter partes review (IPR) process. While the Supreme Court seemed to be leaning toward deciding the APJs were unconstitutionally appointed, Cory said, “…it didn’t seem like any of the justices really foreshadowed that they want to completely upend the whole IPR process.”

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