October 05, 2020
The U.S. Supreme Court on Monday put off deciding whether it will review the Federal Circuit's explosive decision that Patent Trial and Appeal Board judges are unconstitutionally appointed, but turned down two petitions aiming to expand the effects of the ruling.
August 07, 2020
Originally Published Aug. 7, 2020. Last Updated June 28, 2021 | The U.S. Supreme Court on June 21 held that Patent Trial and Appeal Board judges are wrongly appointed, and decided to make their decisions reviewable by the U.S. Patent and Trademark Office's director. Here, Law360 tracks the multitude of cases that reached the Supreme Court over this issue before the Arthrex case was decided.
July 09, 2020
A wave of U.S. Supreme Court petition denials has made 2020 a bit of a letdown for patent attorneys, but there are several high-profile cases on the horizon that could decide the fate of Patent Trial and Appeal Board judges and biosimilars law, and offer more clarity on licensing standard essential patents.
June 30, 2020
Arthrex Inc. told the U.S. Supreme Court on Tuesday that the Federal Circuit correctly held that the way Patent Trial and Appeal Board judges are appointed is unconstitutional, but that the court's purported fix didn't correct the problem, so Congress should have to rewrite the law.
June 29, 2020
The federal government and Smith & Nephew Inc. have both asked the U.S. Supreme Court to overturn a Federal Circuit ruling that Patent Trial and Appeal Board judges were unconstitutionally appointed, saying legal precedent is clear that the decision cannot stand.