Why SCOTUS Took on Arthrex – and What Could Happen Next

The Supreme Court of the United States’ (SCOTUS) decision to hear Arthrex v Smith & Nephew and decide whether administrative patent judges are constitutional was no surprise to many intellectual property practitioners. Many lawyers believe that the high court took on the case to correct the U.S. Court of Appeals for the Federal Circuit’s decision and to set the criteria for what constitutes a superior officer or an inferior officer. Managing Intellectual Property interviewed Finnegan partner and leader of the firm’s Patent Trial and Appeal Board (PTAB) Section, Joshua Goldberg, for his perspective on how the SCOTUS decision may be affected if Congress issues a legislative fix before the ruling.

Joshua does not believe there is a sense of urgency from Congress to act on this issue now, particularly considering other priorities the government is currently dealing with. He said, “I wouldn’t count on it getting done any time soon considering the state of affairs in government right now. I certainly won’t be placing any bets.”

Read the full article here.