Amster Rothstein and Ebenstein, LLP - Intellectual Property Law

Charley Macedo, David Goldberg and Chandler Sturm Co-Author Article for IP Watchdog on Getting Ready for Arthrex: What the Amici Are Saying

Author(s): Charles R. Macedo, David P. Goldberg

Charley Macedo, David Goldberg and Chandler Sturm co-authored an article for IPWatchdog titled, “Getting Ready for Arthrex: What the Amici Are Saying.” The U.S. Supreme Court has agreed to hear, on March 1, whether administrative patent judges (APJs) of the Patent Trial and Appeal Board (PTAB) of the U.S. Patent and Trademark Office (USPTO) are “inferior” officers properly appointed under the Appointments Clause of the U.S. Constitution and, if not, whether the “fix” by the Federal Circuit in Arthrex v. Smith & Nephew, 941 F.3d 1320 (Fed. Cir. 2019) worked.
Thirty-one separate amicus briefs on the merits were submitted in this matter, and they present a wide variety of views on how the Supreme Court should handle the questions presented.
On February 25, the New York Intellectual Property Law Association (NYIPLA), will be presenting a special webinar titled “Getting Ready for Arthrex Oral Arguments,” which will summarize the issues presented and include presentations by representative amici on their respective positions.
This article delves into the questions the Supreme Court agreed to hear on the case.

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