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Arthrex: Unreviewable APJ Authority Incompatible with  Appointments Clause

Arthrex: Unreviewable APJ Authority Incompatible with Appointments Clause

by Greg Castanias | Jun 23, 2021 | PTAB News

By Greg Castanias, Dave Cochran, Steph Mishaga, and Alex Chung – In United States v. Arthrex Inc., the U.S. Supreme Court agreed with the Federal Circuit that the pre-Arthrex Patent Trial and Appeal Board (PTAB) regime of Administrative Patent Judge decisions...
Supreme Court Excuses Administrative Exhaustion for Some Structural Constitutional Claims

Supreme Court Excuses Administrative Exhaustion for Some Structural Constitutional Claims

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...
Arthrex: Supreme Court Asks “Who’s The Boss?”

Arthrex: Supreme Court Asks “Who’s The Boss?”

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...
Supreme Court To Decide Appealability of PTAB’s Time-Bar Determinations

Supreme Court To Decide Appealability of PTAB’s Time-Bar Determinations

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...
Federal Agencies Not Eligible To Challenge Patents In PTAB Trials

Federal Agencies Not Eligible To Challenge Patents In PTAB Trials

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...
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