by Greg Castanias | May 14, 2021 | PTAB News
By Greg Castanias and Matt Johnson – In Carr v. Saul, the U.S. Supreme Court unanimously held that a party can raise a challenge under the Constitution’s Appointments Clause to an Administrative Law Judge’s (“ALJ”) decision, even if the...
by Greg Castanias | Mar 4, 2021 | PTAB News
By Nate Andrews, Greg Castanias, and Dave Maiorana – On March 1, 2021, the Supreme Court heard oral arguments in Arthrex v. Smith & Nephew, No. 19-1434, on March 1, 2021, asking whether the appointment of PTAB judges is consistent with the way that “Officers...
by Greg Castanias | Jun 25, 2019 | Time Limits, Trial Institution
Gregory A Castanias and Jihong Lou On June 24, in Dex Media, Inc. v. Click-To-Call Technologies, LP, No. 18-916 (U.S.), the Supreme Court agreed to review the question whether 35 U.S.C. § 314(d) permits appeal of the PTAB’s decision to institute an inter partes review...
by Greg Castanias | Jun 21, 2019 | Standing
Gregory A. Castanias and Jihong Lou On June 10, in a 6-3 decision in Return Mail, Inc. v. United States Postal Service, the Supreme Court ruled that a federal agency is not a “person” eligible to request post-issuance review of a patent under the Leahy-Smith America...
by Greg Castanias | Jun 18, 2019 | PTAB News, Standing
By Greg Castanias, Dave Cochran, Jennifer Swize, and Jihong Lou The Supreme Court ruled in Return Mail that a federal agency is not a “person” who may challenge an issued patent in inter partes review, post-grant review, or CBM review under the AIA. In its...
