Cut Down Patent Reviews for Congress to Fix, Arthrex Tells Court

Dec. 24, 2020, 5:51 PM

Medical device company Arthrex Inc. is urging the Supreme Court to tear down a popular Patent and Trademark Office procedure that has led to the invalidation of numerous patents, suggesting that the justices let Congress pick up the pieces.

The Supreme Court in Arthrex Inc. v. Smith & Nephew Inc. will grapple with whether PTO Patent Trial and Appeal Board judges were appointed in violation of the U.S. Constitution. The U.S. Court of Appeals for the Federal Circuit in 2019 found that PTAB judges had enough power to warrant presidential nomination and Senate confirmation. The Federal Circuit severed their removal ...

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