Smith & Nephew, Inc., et al., Petitioners v. Arthrex, Inc., et al.

  1. June 21, 2021

    Justices Add More Oversight To PTAB In Arthrex Ruling

    The U.S. Supreme Court on Monday held that Patent Trial and Appeal Board judges are unconstitutionally appointed but that giving the U.S. Patent and Trademark Office's director more control over their rulings will fix the problem.

  2. February 26, 2021

    Up Next At High Court: PTAB's Legality, Voting Rights Act

    The U.S. Supreme Court is set to tackle legal questions with major consequences for the patent world and voting rights this week as it heads into the final action-packed months of its term.

  3. December 23, 2020

    Arthrex Tells Justices To End IPRs, Kick PTAB To Congress

    The U.S. Supreme Court needs to get rid of the current inter partes review system and have Congress decide what comes next, since the Federal Circuit's attempt to remedy a leadership issue with the Patent Trial and Appeal Board created a system that's "neither impartial nor accountable," medical device company Arthrex Inc. said Wednesday.

  4. December 03, 2020

    Justices Warned Of 'Chaos' If They Dismantle AIA Reviews

    Tech companies, generic-drug makers and intellectual property groups have urged the U.S. Supreme Court to overturn the Arthrex ruling that administrative patent judges weren't constitutionally appointed, and warned that a decision that disrupts America Invents Act reviews would cause "chaos."

  5. November 25, 2020

    US, Smith & Nephew Urge Justices To Overturn Arthrex

    The Federal Circuit misapplied clear U.S. Supreme Court precedent when finding that administrative patent judges weren't constitutionally appointed, the government and medical tech company Smith & Nephew said Wednesday in their opening salvos for the closely watched Arthrex case.

  6. October 13, 2020

    Supreme Court Will Decide If PTAB Judges Are Constitutional

    The U.S. Supreme Court on Tuesday said it will review the Federal Circuit's explosive decision from Arthrex v. Smith & Nephew that Patent Trial and Appeal Board judges are unconstitutionally appointed. 

  7. October 05, 2020

    Justices Delay Arthrex Petitions, But Deny Expansion Bids

    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.

  8. August 07, 2020

    Tracking Arthrex At The Supreme Court

    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.

  9. July 09, 2020

    Patent Cases To Watch In The Second Half Of 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.

  10. June 30, 2020

    Justices Told Congress Must Craft PTAB Constitutional Fix

    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.