Eric Alan Stone and Catherine Nyarady Supreme Court To Decide Constitutionality of Appointment of PTAB Judges
The America Invents Act created the inter partes review proceeding and provided for the appointment of Administrative Patent Judges to preside over them. This term the Supreme Court will decide whether the Federal Circuit correctly held that the appointment of those judges was unconstitutional. In their Intellectual Property Litigation column, Eric Alan Stone and Catherine Nyarady write that the outcome could have a significant impact not only on inter partes reviews but on the power of administrative law judges in other agencies.
November 17, 2020 at 12:30 PM
9 minute read
The America Invents Act created the inter partes review proceeding and provided for the appointment of Administrative Patent Judges to preside over them. This term the Supreme Court will decide whether the Federal Circuit correctly held that the appointment of those judges was unconstitutional, in a decision that could have a significant impact not only on inter partes reviews but on the power of administrative law judges in other agencies. Arthrex v. Smith & Nephew, 941 F.3d 1320 (Fed. Cir. 2019), reh'g denied, 953 F.3d 760 (Fed. Cir. 2020), cert. granted, Nos. 19-1434, 19-1452, 19-1458 (Oct. 13, 2020). We report here on the Federal Circuit's decision, its denial of rehearing, and the pending Supreme Court appeal.
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