Amster Rothstein and Ebenstein, LLP - Intellectual Property Law

Charley Macedo, David Goldberg and Chandler Sturm Co-Author Article for Oxford University Press's Journal of Intellectual Property Law & Practice on Appellate Decision Finding That Administrative Patent Judges Were Unconstitutionally Appointed

March 12, 2021
Author(s): Charles R. Macedo, David P. Goldberg, Chandler Sturm

Charley Macedo, David Goldberg and Chandler Sturm co-authored an article for Oxford University Press’s Journal of Intellectual Property Law & Practice on an appellate decision that found that administrative patent judges were unconstitutionally appointed. This case was the subject of multiple appeals to the U.S. Supreme Court

On October 31, 2020, a three-judge panel of the U.S. Court of Appeals for the Federal Circuit issued a decision in Arthrex, Inc. v Smith & Nephew, Inc. finding that administrative patent judges of the Patent Trial and Appeal Board were appointed in violation of the Appointments Clause of the US Constitution and instituting measures to remedy the situation.

On March 23, 2020, the Federal Circuit refused to the rehear the case sitting en banc. Since then, the panel decision has become the subject of multiple appeals to the US Supreme Court. We expect to learn in early autumn whether the U. S. Supreme Court decides to grant certiorari with respect to any of the appeals and review this important decision.

Read the full article.


View all Published Articles

Print

Upcoming Events

View all Events >

RSS FEED

Never miss another publication. Our RSS feed (what is RSS?) will inform you when new articles have been posted.

Amster Rothstein & Ebentein RSS Feed Subscribe now!

Linkedin AREnet Access
©2007-2021 Amster Rothstein & Ebenstein LLP.    All rights reserved. | Disclaimer