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U.S. Supreme Court Largely Upholds IPR Proceedings In 'Arthrex'

In a decision authored by Chief Justice Roberts, the Supreme Court ruled that the statutory scheme appointing PTAB administrative patent judges (APJs) to adjudicate IPRs violates the appointments clause of the U.S. Constitution.

5 minute read July 01, 2021 at 12:09 AM
By
Robert E. Browne, Jr. and Ryan C. Deck
U.S. Supreme Court Largely Upholds IPR Proceedings In 'Arthrex'

[Editor's Note: As this issue  was going to press, the U.S. Supreme Court issued a decision in U.S. v. Arthrex. A summary of the decision follows, with a more detailed analysis of the ruling and its implications for practitioners to follow in the August issue.]

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The Copyright Royalty Board (CRB), which works under the umbrella of the Librarian of Congress, sets statutory-license royalty terms and rates. The U.S. Courts of Appeals for the D.C. Circuit recently issued two notable decisions about the CRB.

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