Robert L. Maier The Supreme Court in 'Arthrex' Separates the Good From the Bad To Preserve USPTO Invalidation Proceedings
In this edition of his Patent and Trademark Law column, Rob Maier discusses the Supreme Court's decision in 'United States v. Arthrex', which had the potential to upend the U.S. patent litigation landscape. However, rather than topple the PTAB and its patent invalidation proceedings, the court preserved it and its administrative patent judges' decisions in IPR proceedings.
July 28, 2021 at 12:00 PM
9 minute read
In June, the Supreme Court of the United States issued its highly anticipated decision in United States v. Arthrex, which decision had the potential to upend the patent litigation landscape in the United States. United States v. Arthrex, 594 U.S. ___ (2021). But the outcome was less sensational than that—rather than topple the Patent Trial and Appeals Board (PTAB) and its patent invalidation proceedings that have become a centerpiece of modern patent litigation, the Supreme Court preserved the PTAB and its administrative patent judges' (APJs) decisions in inter partes review (IPR) proceedings, albeit by first finding the prior unreviewable authority of APJs unconstitutional, and then by modifying the regime with another layer of review vested in the Director of the U.S. Patent and Trademark Office (USPTO).
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