Posts Tagged: Appointments Clause


CAFC: TTAB Never Had a Pre-Arthrex Appointments Clause Issue

On September 1, the United States Court of Appeals for the Federal Circuit (CAFC) affirmed the Trademark Trial and Appeal Board’s (TTAB’s) cancellation of a trademark …
By Logan Murr
3 months ago 0

SCOTUS Dubs PTAB/APJ Structure a ‘Rare Bird’, Pushes for Workable Remedies in Arthrex Oral Arguments

The Justices of the U.S. Supreme Court today heard arguments in United States/ Smith & Nephew v. Arthrex, in which the Court will decide whether the administrative …
By Eileen McDermott
9 months ago 14

Getting Ready for Arthrex: What the Amici Are Saying

The U.S. Supreme Court has agreed to hear, on March 1, 2021, whether administrative patent judges (APJs) of the Patent Trial and Appeal Board (PTAB) of the U.…

What SCOTUS’ Decision to Scrutinize Social Security Act Appointments Clause Case Means for Arthrex

Last week, an order list issued by the U.S. Supreme Court indicated that the nation’s highest court had granted a pair of petitions for writ …
By Steve Brachmann
1 year ago 2

Patent Stakeholders Weigh in on High Court Decision to Hear Arthrex

The United States Supreme Court has granted certiorari in three cases involving Arthrex, Inc. focusing on the question of whether the administrative patent judges (APJs) of the …
By Eileen McDermott
1 year ago 11

Arthrex Update: New Amicus Briefs and USPTO Petition

Activity surrounding the requests for the Supreme Court’s review of the holdings in Arthrex v. Smith & Nephew I and Arthrex v. Smith & Nephew II continues to …
By Rebecca Tapscott
1 year ago 2

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
1 year ago 0

Askeladden Brief Asks SCOTUS to Grant U.S. Government’s Petition to Reconsider Whether PTAB APJs Are Principal Officers Under the Appointments Clause

On July 29, Askeladden LLC filed an amicus brief in support of the U.S. Government’s combined petition for a writ of certiorari in U.S. v. …

Will the Supreme Court Keep Kicking the Can or Stop It by Addressing Arthrex?

On April 6, Arthrex, Inc. filed a petition for certiorari in the U.S. Supreme Court on two discrete patent issues. Notably, one of the issues raised in …
By Bradley Olson
2 years ago 6

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 …

All Parties in Arthrex Want the Full Federal Circuit to Render a Better Decision

On December 16, the U.S. Government, Arthrex, Inc., and Smith & Nephew, Inc. each submitted petitions for rehearing and/or rehearing en banc asking the full Federal Circuit …
By Eileen McDermott
2 years ago 5

Witnesses Tell House IP Subcommittee, “It’s Up to You” to Fix Arthrex

“It’s up to you to do the right thing and fix this,” said Professor Arti Rai of The Center for Innovation Policy at Duke University School …
By Eileen McDermott
2 years ago 19

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
2 years ago 20

What’s Next After Arthrex? Reactions Suggest Limited Immediate Effect, But Some Question Whether CAFC Fix Will Hold

The Federal Circuit’s decision in Arthrex, Inc. v. Smith & Nephew, Inc. generated excitement late last week, when many initially speculated that the Patent Trial and Appeal …
By IPWatchdog
2 years ago 17