United States:
Arthrex: PTAB Lives To Fight Another Day With (a Bit) More Oversight (Podcast)
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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, where the Court found that Administrative Patent
Judges (APJs) are hired in violation of the Appointments Clause of
the Constitution, and crafted a new structure for the PTAB. The
Arthrex case has far reaching implications not just in
patent law, but across the administrative bodies of the federal
government. Drew and Dan discuss the following 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
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Originally published 24 June 2021.
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