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Federal Circuit IP Blog

SCOTUS Requires USPTO Director Discretion to Review PTAB Decisions

June 22, 2021

Authored and Edited by Kara A. Specht; Elizabeth D. Ferrill

In United States v. Arthrex, the Supreme Court declined to adopt the Federal Circuit’s severance of tenure protection for Administrative Patent Judges to cure an Appointments Clause violation, and it instead held that the Director must have discretionary review of Administrative Patent Judge decisions.  Finnegan’s At the PTAB Blog explains the details of the decision.

Tags

Supreme Court of the United States (SCOTUS), Arthrex v. Smith & Nephew

Related Practices

Appeals, Issues, and Legal Strategy

Federal Circuit and Supreme Court Appeals

Patent Office Invalidation Proceedings

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Washington, DC

Contacts

Kara A. Specht
Partner
Atlanta, GA
+1 404 653 6481
Email
Elizabeth D. Ferrill
Partner
Washington, DC
+1 202 408 4445
Email

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