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Intellectual Property Patent Litigation United States Supreme Court

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.


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[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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