Posts Tagged: Administrative Patent Judges


US Inventor Amicus in New Vision Gaming: ‘October Effect,’ Subjective APJ Evaluations Support Due Process Argument Against PTAB

On August 3, inventor advocacy group US Inventor filed an amicus brief with the U.S. Court of Appeals for the Federal Circuit in support of a due …
By Steve Brachmann
5 days ago 3

A Note to SCOTUS on Arthrex, Judicial Independence, Ethics and Expanded Panels at the PTAB

In Article 1, Section 8, Clause 8, of our Constitution, the founders were relatively specific. The founders give Congress power to secure “the exclusive Right" to “Authors and Inventors” in …
By Paul Hayes & Gene Quinn
8 days ago 14

A Guide to Arthrex: Activity Heats Up in Petitions Pending with Supreme Court

The Supreme Court is currently considering several pleas to review the holding in Arthrex v. Smith & Nephew I and Arthrex v. Smith & Nephew II in the form …
By IPWatchdog
10 days ago 0

Federal Circuit Will Not Reconsider Arthrex Appointment Clause Ruling

The U.S. Court of Appeals for the Federal Circuit has denied rehearing en banc in Arthrex v. Smith & Nephew, a decision that made the Patent Trial …

Arthrex Update: With Responses Due Next Week, Amici Urge Federal Circuit to Grant Rehearing

In December, petitions for rehearing were filed at the U.S. Court of Appeals for the Federal Circuit by each party involved in Arthrex, Inc. v. Smith & …
By Steve Brachmann
7 months ago 2

No Justice for Small Company Innovators: Make Your Voice Heard on the America Invents Act, IPRs, and the CAFC’s Rule 36

My company, Chestnut Hill Sound Inc. (ChillSound), has been victimized by a U.S. patent system that for nearly a decade has been in a sorry state. …
By Robert Friedman
8 months ago 4

One Way or Another, Arthrex Promises to Put the PTAB on Trial

For weeks now I have been asking the United States Patent and Trademark Office (USPTO) to confirm how many Administrative Patent Judges (APJs) are currently employed by …
By Gene Quinn
9 months ago 22

It Matters: A Former Administrative Patent Judge’s Take on Arthrex

As most of us know by now, in Arthrex, Inc. v. Smith & Nephew, Inc., entered on Halloween 2019, a panel of the Federal Circuit held that the administrative …
By Richard Torczon
9 months ago 20

Federal Circuit Says PTAB Judges Are Not Constitutionally Appointed

The U.S. Court of Appeals for the Federal Circuit, in an opinion authored by Judge Moore, has ruled that the current statutory scheme for appointing Administrative …
By IPWatchdog
10 months ago 34

Rovi/Comcast Battle Grows Deeper and Spotify Takes Swing at S.I.S.V.E.L. Patent at PTAB

Last week, the Patent Trial and Appeal Board (PTAB) issued 39 decisions on inter partes review (IPR) proceedings, instituting 24 IPRs and denying 15. The PTAB instituted one of four …
By IPWatchdog
1 year ago 0

USPTO Substantially Revises PTAB Standard Operating Procedures

Earlier today the USPTO announced the substantial revision of Standard Operating Procedures (“SOPs”) for the paneling of matters before the PTAB (SOP1) and precedential and informative decisions (…
By Gene Quinn
2 years ago 13

Dissecting Dissents for Ex Parte Appeals

Dissent is not the highest form of judgment for judges on the Patent Trial and Appeal Board (PTAB) of the United States Patent and Trademark Office (USPTO).  …
By Eli Mazour & Sora Ko
2 years ago 8