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In United States v. Arthrex, the Supreme Court Delivers A Seemingly Simple Solution That May Prove More Complicated in Practice
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Author: Dylan HaversackPublished: June 23, 2021This week, in United States v. Arthrex, Inc., the Supreme Court vacated and remanded a decision by the Court of Appeals for the Federal Circuit (“the CAFC”), holding that the administrative patent judges (“APJs”) at the Patent Trial and Appeal Board (“the Board”) are unconstitutionally appointed. While

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APJ, appellate decisions, CAFC
United States v. Arthrex: Supreme Court Crafts a Creative Remedy for the Appointment of Patent Judges Carmadella, Jeannette Maurer
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Author: Jeannette Maurer CarmadellaPublished: July 9th, 2021Holding that the current appointment process for administrative patent judges is unconstitutional, the Supreme Court in United States v. Arthrex fashioned a creative remedy by leaving the process intact but giving the director of the USPTO the power and discretion to review and overturn

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Lutzker & Lutzker LLP, PTO, patent trial and appeal board