US Court of Appeals for the Federal Circuit finds that administrative patent judges were unconstitutionally appointed in case now the subject of multiple appeals to the US Supreme Court

Charles R Macedo, David P Goldberg and Chandler Sturm

Journal of Intellectual Property Law and Practice, 2021, vol. 16, issue 2, 92-94

Abstract: On 31 October 2020, a three-judge panel of the US Court of Appeals for the Federal Circuit (‘Federal Circuit’) issued a decision in Arthrex, Inc v Smith & Nephew, Inc finding that administrative patent judges of the Patent Trial and Appeal Board were appointed in violation of the Appointments Clause of the US Constitution and instituting measures to remedy the situation. On 23 March 2020, the Federal Circuit refused to the rehear the case sitting en banc. Since then, the panel decision has become the subject of multiple appeals to the US Supreme Court. We expect to learn in early autumn whether the US Supreme Court decides to grant certiorari with respect to any of the appeals and review this important decision.

Date: 2021
References: Add references at CitEc
Citations:

Downloads: (external link)
http://hdl.handle.net/10.1093/jiplp/jpaa197 (application/pdf)
Access to full text is restricted to subscribers.

Related works:
This item may be available elsewhere in EconPapers: Search for items with the same title.

Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text

Persistent link: https://EconPapers.repec.org/RePEc:oup:jiplap:v:16:y:2021:i:2:p:92-94.

Access Statistics for this article

Journal of Intellectual Property Law and Practice is currently edited by Eleonora Rosati, Stefano Barazza and Marius Schneider

More articles in Journal of Intellectual Property Law and Practice from Oxford University Press
Bibliographic data for series maintained by Oxford University Press ().