Fate of PTAB Judges and Decisions Now in Hands of Supreme Court
By EsqSocial Corporation 16/10/20
On October 13, 2020, the U.S. Supreme Court granted three petitions for writ of certiorari related to Arthrex v. Smith & Nephew addressing two issues that will determine the fate of PTAB judges and decisions. First, did the Federal Circuit correctly decide in Arthrex that PTAB judges are unconstitutionally appointed under the Appointments Clause? Second, if so, did the Federal Circuit cure this defect by eliminating certain statutory restrictions on the removal of those judges? The Supreme...
By: Mintz - Intellectual Property Viewpoints