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Ben Davidson explains Supreme Court Arthrex decision on constitutionality of PTAB judges and PTO Guidance for Seeking Director Review

by in News

On June 21, the Supreme Court ruled in United States v. Arthrex that PTAB administrative judges who decide inter partes reviews were appointed by the Patent Office in violation of the Constitution’s Appointments Clause.  The Court held that the PTO’s Director must be allowed to review the PTAB’s decisions in order to act as a “superior” to…