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 potential ramifications of this decision and talk about what parties to PTAB matters should do now.

YOU CAN LISTEN TO THE PODCAST HERE.

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For more than 20 years Dave has provided clients with a full range of patent legal services, including as lead counsel in more than 20 post-grant trials at the Patent Trial and Appeal Board of the United States Patent Office. Dave was part of the three-lawyer Jones Day team that prevailed at the Supreme Court in SAS Institute, Inc. v. Iancu, fundamentally changing PTAB litigation practice at the United States Patent Office.