News & Analysis as of

Inter Partes Review (IPR) Proceeding Patent Litigation United States v Arthrex Inc

Fish & Richardson

How the Timing of Director Review May Affect Co-Pending Litigation

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Director Review at the Patent Trial and Appeal Board (PTAB) remains a hot topic in patent law. The Director first established an interim process for Director Review in the wake of the Supreme Court’s 2021 decision in United...more

WilmerHale

USPTO Issue Notice of Proposed Rulemaking for Rules Governing Director Review of Patent Trial and Appeal Board Decisions

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On April 16, 2024, the United States Patent and Trademark Office (USPTO) issued a notice of proposed rulemaking (NPRM) regarding Director Review of Patent Trial and Appeal Board (PTAB) decisions in America Invents Act (AIA)...more

Rothwell, Figg, Ernst & Manbeck, P.C.

The Federal Circuit Rejects Additional Challenges to USPTO Authority After Arthrex

CyWee Group Ltd. (“CyWee”) has been bouncing between the Federal Circuit and Patent Trial and Appeal Board (“Board”) with its administrative challenges after two inter partes review (“IPR”) proceedings invalidated the claims...more

Rothwell, Figg, Ernst & Manbeck, P.C.

IPR Limbo During the Arthrex Decisions

In Polaris Innovations Ltd. v. Brent, No. 2019-1483, 2022 WL 4241665 (Fed. Cir. Sept. 15, 2022), the Federal Circuit faced an appeal that had bounced back and forth between the Court and Patent Trial and Appeal Board (“the...more

McDermott Will & Emery

Not “Use It or Lose It”: Even if Unexercised, Director’s Authority over Institution Decisions Remains

McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit denied mandamus relief, finding that a party is not entitled to petition the director for review of a Patent Trial & Appeal Board (Board) decision denying institution of an...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - August 2022 #4

This week, we provide extensive write-ups about two consequential decisions issued by the United States Court of Appeals for the Federal Circuit concerning two procedural issues under the America Invents Act (“AIA”), both...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2021 Decisions: United States v. Arthrex, 141 S. Ct. 1970 (2021)

Arthrex appealed a final written decision from an inter partes review (IPR) where the U.S. Patent Trial and Appeal Board (PTAB) found all challenged claims of its patent anticipated. On appeal, Arthrex argued that the...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2021 Decisions

[co-author: Jamie Dohopolski] Last year, the continued global COVID-19 pandemic forced American courts to largely continue the procedures set in place in 2020. The U.S. Court of Appeals for the Federal Circuit was no...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

[Webinar] Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2021 Decisions - February 17th, 1:00 pm - 2:00 pm EST

Sterne, Kessler, Goldstein & Fox invites you to a webinar, "Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2021 Decisions," on Thursday, February 17, 2022. In conjunction with the release of the firm's...more

McDonnell Boehnen Hulbert & Berghoff LLP

Top Three Stories of 2021

After reflecting upon the events of the past twelve months, Patent Docs presents its 15th annual list of top patent stories.  For 2021, we identified nine stories that were covered on Patent Docs last year that we believe had...more

Jones Day

PTAB News: First Arthrex Director Review Granted

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In a recent decision, Commissioner Andrew Hirschfeld, who is currently performing the functions and duties of the Under Secretary of Commerce for Intellectual Property and Director of the USPTO, issued the first post-Arthrex...more

American Conference Institute (ACI)

[Virtual Conference] PTAB Practice Briefing - December 2nd, 10:00 am - 6:00 pm EST

Year-End Analysis and Future Forecasts on the Most Significant Developments Impacting Post-Grant Proceedings. Attend ACI’s inaugural PTAB Practice Briefing virtually on December 2nd for in-depth discussions and year-end...more

Haug Partners LLP

The Federal Circuit holds that the Structure of the PTAB is Constitutional

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Is the Patent Trial and Appeal Board (“Board”) constitutional? This was a question asked by Mobility Workx in Mobility Workx, LLC v. Unified Patents, LLC, 2021-1441, 2021 WL 4762265 (Fed. Cir. 2021). Mobility Workx raised...more

Jones Day

Fed. Cir. Rejects New IPR Constitutional Challenges

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In Mobility Workx, LLC v. Unified Patents, LLC, the Federal Circuit in a split decision concluded that Mobility Workx, LLC’s constitutional challenges to structure and funding of the Patent Trial and Appeal Board (“PTAB”) are...more

Goodwin

Issue 34: PTAB Trial Tracker

Goodwin on

The availability of post-grant proceedings at the Patent Trial and Appeal Board (PTAB) has changed the face of patent litigation. This monthly digest is designed to keep you up-to-date by highlighting interesting PTAB,...more

Sunstein LLP

Supreme Court Finds Constitutional Violation in Patent Challenges, But Provides Quick Fix

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For those familiar with inter partes review—or IPR, as it is known—the recent Supreme Court decision in U.S. v. Arthrex was much anticipated because it carried with it the potential to upend the entire IPR system. IPR has...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

PTAB Strategies and Insights - July 2021

[co-author: Jay Bober, Summer Associate] The PTAB Strategies and Insights newsletter provides timely updates and insights into how best to handle proceedings at the USPTO. It is designed to increase return on investment for...more

Wilson Sonsini Goodrich & Rosati

The PTAB Review - July 2021

This issue of The PTAB Review begins with a brief summary of the U.S. Supreme Court’s most recent pronouncement about America Invents Act (AIA) reviews. It then provides an update on the Patent Trial and Appeal Board’s...more

Hogan Lovells

Post-Arthrex USPTO interim process creates new options for director review, but parties must act quickly

Hogan Lovells on

On June 21, 2021, the Supreme Court handed down a highly-anticipated decision in United States v. Arthrex, Inc., finding that Administrative Patent Judges (“APJs”)—the judges who sit on Patent Trial and Appeal Board (“PTAB”)...more

WilmerHale

CAFC Patent Cases - June 2021 #2

WilmerHale on

Supreme Court Opinions - United States v. Arthrex, Inc. (No. 19-1434, 6/21/21) - Vacating Federal Circuit decision regarding IPRs and remanding. In split decisions, majorities of the Court (1) held that administrative...more

Snell & Wilmer

Supreme Court Holds that PTAB Judges Are Unconstitutionally Appointed

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The Supreme Court held this week that the United States Patent and Trademark Office’s (“USPTO”) appointment of Patent Trial and Appeal Board (“PTAB”) judges cannot be constitutionally enforced because the USPTO director does...more

Mintz - Intellectual Property Viewpoints

Arthrex SCOTUS Ruling: The IPR Show Must Go On, Just with (a Bit) More Oversight

On Monday, in a highly-anticipated decision, a fractured Supreme Court issued its opinion in United States v. Arthrex, et al., striking a portion of the America Invents Act (AIA) as unconstitutional—but providing an...more

Akin Gump Strauss Hauer & Feld LLP

Supreme Court Rules PTAB Decisions Subject to Discretionary Review by PTO Director, Vacating Federal Circuit Decision in Arthrex

The Supreme Court issued its decision in United States v. Arthrex, Inc., which considered whether Administrative Patent Judges’ (APJs) authority to issue decisions in inter partes reviews on behalf of the executive branch is...more

Jones Day

BREAKING: Supreme Court Arthrex Decided

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On June 21, 2021, the Supreme Court issued its decision in Arthex stating: Today, we reaffirm and apply the rule from Edmond that the exercise of executive power by inferior officers must at some level be subject to the...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

What You Should Know About the Supreme Court's Decision in Arthrex

The US Supreme Court held in United States v. Arthrex that administrative patent judges’ ability to render final decisions on patentability on behalf of the Executive Branch is “incompatible with their status as inferior...more

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