In the long-awaited decision in United States v. Arthrex, Inc., the U.S. Supreme Court confirmed that the Patent Trial and Appeal Board is unconstitutionally structured, but held that the correct remedy is more limited than...more
6/22/2021
/ Administrative Patent Judges ,
Appointments Clause ,
Arthrex Inc v Smith & Nephew Inc ,
Corporate Counsel ,
Executive Branch ,
Executive Powers ,
Inter Partes Review (IPR) Proceeding ,
Patent Trial and Appeal Board ,
Patents ,
Remand ,
SCOTUS ,
United States v Arthrex Inc ,
USPTO
Goodwin’s Appellate Litigation practice has argued before the U.S. Supreme Court, federal courts of appeals and state appellate courts, representing clients in matters ranging from First Amendment rights to governmental...more
11/13/2020
/ Appeals ,
Class Action ,
Coronavirus/COVID-19 ,
Deportation ,
Employee Retirement Income Security Act (ERISA) ,
First Amendment ,
Free Speech ,
Immigrants ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Judicial Appointments ,
Patent Trial and Appeal Board ,
Patents ,
Removal Proceedings
The United States Supreme Court yesterday narrowed the scope of judicial review of proceedings before the Patent Trial and Appeal Board (PTAB). In a 7-2 decision in Thryv, Inc. v. Click-to-Call Technologies, LP, the Court...more
4/21/2020
/ § 314(d) ,
§ 315(b) ,
§314(a) ,
§314(b) ,
America Invents Act ,
Appeals ,
Dissenting Opinions ,
Inter Partes Review (IPR) Proceeding ,
Judicial Review ,
Non-Appealable Decisions ,
Patent Infringement ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
SCOTUS ,
Thryv Inc v Click-To-Call Technologies LP ,
Time-Barred Claims ,
Vacated
Late in the day on December 16, 2019, three different petitions asked the full Federal Circuit to overturn a panel’s decision that members of the Patent Trial and Appeal Board (PTAB) were appointed in violation of the...more
On April 24, 2018, the Supreme Court preserved inter partes review (and similar procedures), but made a significant change in how it will be conducted. In Oil States Energy Services v. Greene’s Energy Group, the Court held...more
On November 21, the Federal Circuit held that the Patent Trial and Appeal Board (PTAB) has been applying too broad a view of its own jurisdiction in conducting “covered business method” (CBM) reviews of patents pursuant to...more