ARTICLE
7 July 2021

EXCLUSIVE RIGHTS, Episode 6 — Arthrex: PTAB Lives To Fight Another Day With (a Bit) More Oversight

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In this episode of the EXCLUSIVE RIGHTS: Intellectual Property podcast, attorneys Drew DeVoogd and Dan Weinger break down the recent Supreme Court decision in United States v. Arthrex
United States Intellectual Property

In this episode of the EXCLUSIVE RIGHTS: Intellectual Property podcast, attorneys Drew DeVoogd and Dan Weinger break down the recent Supreme Court decision in United States v. Arthrex, where the Court found that the process for hiring administrative patent judges (APJs) violates the Appointments Clause of the Constitution. The Court also crafted a new structure for the Patent Trial and Appeal Board (PTAB). As a result, the Arthrex opinion has potentially far-reaching implications - not just for patent law, but also for other administrative agencies. Drew and Dan discuss the following topics in this episode:

  • The atypical breakdown of concurrences and dissents
  • Choices the Court could have made but did not
  • Effects Arthrex may have on government generally and the future of the PTAB

Click on the link below to learn more about these issues.

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