Amster Rothstein and Ebenstein, LLP - Intellectual Property Law

Charley Macedo to Discuss SCOTUS Arthrex Decision at Next New York Intellectual Property Lawyers’ Association PTAB Committee

 New York Intellectual Property Lawyers’ Association

On November 3, the New York Intellectual Property Lawyers’ Association PTAB Committee monthly meeting will focus on the Supreme Court’s decision to grant certiorari in a trio of related petitions involving the Federal Circuit’s October 31, 2019 decision in Arthrex v. Smith & Nephew.

As advocated by amicus curiae Askeladden LLC (represented by NYIPLA PTAB Committee co-chair Charley Macedo) and the NYIPLA, the Supreme Court only accepted the threshold questions as to whether PTAB APJs were principal or inferior officers for purposes of the Appointment Clause of the U.S. Constitution, and if so, did the “fix” work. 

The session will begin with a refresher of what Arthrex held, how it was criticized/challenged in subsequent panel decisions with respect to these threshold issues, and a summary of some of the key issues to be raised in the briefing and ultimate decision. ARE Law associates and NYIPLA PTAB Committee members Chris Lisiewski and Chandler Sturm will be helping prepare this presentation.

There is no charge to PTAB Committee members to attend and CLE credit is available.

Every month, the NYIPLA PTAB Committee holds video conference calls to discuss the latest and greatest events involving the PTAB. All members of the NYIPLA are welcome to join the PTAB Committee at no extra cost and participate in these discussions and presentations.   

Learn more about the PTAB Committee

If you are already registered as a member, you should have the Zoom log-in information. If you are not, or do not have log-in information, please contact Co-Chair, ARE Law partner Charley Macedo or committee coordinator ARE law associate Chris Lisiewski.

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