Intellectual Property,
U.S. Supreme Court
Jul. 1, 2021
High court authorizes PTO director to review PTAB decisions
The U.S. Supreme Court held that the administrative patent judges of the Patent Trial and Appeal Board, which decides inter partes reviews, were acting in violation of the appointments clause of the U.S. Constitution.
Ben M. Davidson
Founder
Davidson Law Group ALC
Intellectual Property
Email: Ben@dlgla.com
George Washington Univ Law School
Ben is a former patent examiner and represents corporations in intellectual property litigation and proceedings before the U. S. Patent & Trademark Office.
On June 21, the U.S. Supreme Court held in United States v. Arthrex, 2021 DJDAR 6086, that the administrative patent judges of the Patent Trial and Appeal Board, which decides inter partes reviews, were acting in violation of the appointments clause of the U.S. Constitution. In a fractured 5-4 ruling, the court held that because the APJs made important patentability dec...
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