by Dennis Crouch Arthrex, Inc. v. Smith & Nephew, Inc. (Fed. Cir. 2022). In 2021, the Supreme Court sided with the patentee in holding that the AIA trial system violated the Appointments Clause of the U.S. Constitution. The Court concluded that PTAB judges were wielding the substantial power of the U.S. Gov’t by cancelling already-issued … Continue reading Does the Temporary PTO Director have Arthrex Authority?
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