Post-Grant for Practitioners Webinar | After Arthrex: What the Supreme Court’s Decision Means
On June 21, the Supreme Court issued its long-awaited opinion in U.S. v. Arthrex, holding that the Patent and Trademark Office (PTO) Director needs to have the ability to revise decisions by Administrative Patent Judges (APJs) because they are not nominated and confirmed, and the Director is. The Court reasoned that adjudication of private property rights (i.e., patent validity) is of such a nature that the Appointments Clause requires it to be vested in someone directly accountable to the President and the people. So the Court held that the Patent Act should be read to give the Director such authority and discretion, and remanded the case for the Director to implement the holding.
So what does this ruling mean for post-grant practitioners?