Patent Reviews in ‘Limbo’ as Supreme Court Takes Case on Judges

As the Supreme Court of the United States prepares to take on Arthrex Inc. v. Smith & Nephew Inc. to determine the constitutionality of administrative patent judges, practitioners weigh in on how the decision will impact the hundreds of cases that were previously remanded back to the Patent Trial and Appeal Board (PTAB) by the U.S. Court of Appeals for the Federal Circuit. Bloomberg Law interviewed Finnegan partner and leader of the firm’s appellate section, Mike Jakes, who said that the Supreme Court’s decision to review Arthrex “leaves us in limbo” with the cases that were remanded back to the PTAB.

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