Is That Your Final Answer? Arthrex Appointments Clause Case Arrives at Supreme Court
The case could decide the future of the U.S. Patent and Trademark Office's administrative patent validity hearings and provide broader answers about who can make final decisions on behalf of the executive.
February 26, 2021 at 05:00 AM
8 minute read
Left to right, Gibson, Dunn & Crutcher partner Mark Perry, Deputy Solicitor General Malcolm Stewart, and MoloLamken partner Jeffrey Lamken will argue before the high court Monday. Photos: Diego M. Radzinschi/ALM To its proponents, the U.S. Patent and Trademark Office's Patent Trial and Appeal Board is an inexpensive and efficient venue for weeding out bad patents and curbing abusive "trolling" behavior. To its critics, the PTAB is "a death squad" for patents, bulldozing property rights and discouraging investment in innovative technologies.
On Monday the U.S. Supreme Court will hear argument over the appointment process for the PTAB's 221 members and, more generally, which executive branch officials require appointment by the president and confirmation from the Senate.
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