In November 2019, the U.S. Court of Appeals for the Federal Circuit (CAFC) ruled that the appointment of administrative patent judges by the Secretary of Commerce was unconstitutional. The at-issue case, Arthrex v Smith & Nephew, sent shock waves across the U.S. patent industry. But could the ruling be overturned as the case looks set to be heard by the Supreme Court? Is this the biggest issue U.S. patent practitioners are facing right now? Finnegan partner Kathleen Daley joined the Intellectual Property Magazine podcast to discuss the case.
Listen to the full podcast here.
Originally published by Finnegan, July 2020
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