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Intellectual Property,
Civil Litigation

Mar. 18, 2020

Arthrex v Smith & Nephew: Is the sky falling, or is it business as usual at the PTAB?

A three-judge panel of the Federal Circuit held that the process by which the secretary of Commerce appoints administrative patent judges, or APJs, to the Patent Trial and Appeal Board of the U.S. Patent and Trademark Office violates the appointments clause of the U.S. Constitution.

Pilar Stillwater

Molly A. Jones

Counsel
Crowell & Moring LLP

Phone: (415) 986-2800

Email: mojones@crowell.com

UC Hastings COL; San Francisco CA

Molly is counsel in the Intellectual Property and Litigation groups in the firm's San Francisco office.

[THIS COLUMN APPEARED IN THE 2020 TOP IP LAWYER SUPPLEMENT]

Briefing on petitions for rehearing has recently closed in a landmark decision issued by the U.S. Court of Appeals for the Federal Circuit last October. A three-judge panel of the Federal Circuit held that the process by which the secretary of Commerce appoints administrative patent judges, or APJs, to the Patent Trial and Appeal Board of the U.S. Patent and Trademark Office violates the appointments cl...

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