by David Cochran | Dec 13, 2019 | PTAB News
In Arthrex, Inc. v. Smith & Nephew, Inc., the Federal Circuit has held that appointments of Administrative Patent Judges of the PTAB were in violation of the Appointments Clause of the U.S. Constitution. Jones Day’s Matt Johnson and Dave Cochran discuss the...
by Matthew Johnson | Nov 21, 2019 | Federal Circuit Appeal, PTAB News
By Marlee Hartenstein and Matt Johnson On Tuesday, the House Judiciary Committee’s Subcommittee on Courts, Intellectual Property, and the Internet conducted a hearing to discuss recent court decisions, namely the Federal Circuit’s decision in Arthrex. Previously...
by Joe Sauer | Nov 20, 2019 | Federal Circuit Appeal, PTAB News
By Robby Breetz and Joe Sauer On October 31, 2019 a panel of Federal Circuit Judges issued the Arthrex Inc. v. Smith and Nephew, Inc. opinion finding the appointment of PTAB judges unconstitutional by violating the Appointments Clause. The panel’s remedy in that case...
by Matthew Johnson | Nov 15, 2019 | Federal Circuit Appeal, PTAB News
By Matt Johnson Following up on a November 4th oral argument (accessible here) that focused on the Arthrex Appointments Clause issue, the Federal Circuit has requested additional briefing from Polaris, Kingston, and the U.S. regarding the proper remedy for the Arthrex...
by Matthew Johnson | Nov 11, 2019 | Federal Circuit, PTAB News
By Nate Andrews and Matt Johnson Judge Dyk and Judge Newman disagree with the Arthrex remedy requiring rehearing. In Arthrex, the Federal Circuit panel of Judges Moore, Reyna, and Chen held the appointment of Administrative Patent Judges (APJs) was an...
by Matthew Johnson | Nov 5, 2019 | Federal Circuit Appeal, PTAB News
By Marlee Hartenstein and Matt Johnson Last Thursday, the Federal Circuit found the appointments of Patent Trial and Appeal judges unconstitutional, in part because the judges do not receive sufficient oversight from the Director of the United States Patent and...
