USPTO updates Arthrex Q&As
By Matt Johnson - On July 20th, the PTAB provided additional clarifications regarding its views on Arthrex and how its interim procedures for requesting Director review will work for cases receiving Final Written Decisions on a going forward basis (i.e., not cases...
JONES DAY TALKS®: Supreme Court Rules on Constitutionality of Administrative Patent Judges
The United States Supreme Court has delivered its decision in U.S. v. Arthrex, which determined whether appointments of administrative patent judges to the U.S. Patent and Trademark Office’s Patent Trial and Appeal Board (PTAB) were constitutional. Jones Day’s Matt...
Most Arthrex Challengers Say “No Thanks” To Director Remand
By John Evans, Dave Maiorana, and Steven Nosco* - On June 21, 2021, the Supreme Court issued a decision in U.S. v. Arthrex, holding that PTAB APJs were unconstitutionally appointed because they exercised “principal officer” authority in their final written decisions,...
Court Awards Domino’s Extra Dough
By Andrea Beathard and Dave Cochran - Hot out of the oven! In a rare move, a district court recently gave Domino’s a two-for-one deal on attorney’s fees. In Ameranth, Inc., v. Domino’s Pizza Inc., No. 12CV0733 DMS (WVG), 2021 WL 2550057 (S.D. Cal. June 21, 2021), a...
Patent Need Not Be Valid To Be 102(e)(pre-AIA) Prior Art
By Sue Gerber and Matt Johnson - This blog has previously discussed the Federal Circuit’s decision in Becton, Dickinson and Co. v. Baxter Corp. Englewood, --- F.3d ---, No. 2020-1937, 2021 WL 2176796 (Fed. Cir. May 28, 2021). See Telepharma Disconnect: Federal...