Ben Davidson explains Supreme Court Arthrex decision on constitutionality of PTAB judges and PTO Guidance for Seeking Director Review
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 these judges and maintain the President’s accountability for significant decisions made by the executive branch. The Los Angeles Daily Journal asked Ben Davidson to explain the Arthrex decision and what it means for the future of inter partes reviews.
High Court authorizes PTO director to review PTAB decisions, Los Angeles Daily Journal, July 1, 2021