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Back in June 2021, the Supreme Court issued its decision in U.S. v. Arthrex, Inc., Nos. 19-1434, 19-1452, 1901458 (June 21, 2021) (slip opinion). In the decision authored by Chief Justice Roberts, the Court ruled that the statutory scheme appointing Patent Trial and Appeal Board (PTAB or Board) administrative patent judges (APJs) to adjudicate IPRs violates the appointments clause of the U.S. Constitution. Specifically, the Court concluded that, because APJ decisions in IPR proceedings are not reviewable by a presidentially appointed and Senate-confirmed officer, such determinations are not compatible with the powers of inferior officers.
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Director Vidal’s Impact On the PTAB: Big Changes and More On the Way
By Jennifer Bush
Perhaps the largest impact that Director Vidal has had upon the PTAB is has been via Director Reviews. The U.S. Supreme Court mandated Director Reviews to correct procedural defects in the way that administrative patent judges are appointed to the PTAB.
Like Mushrooms After A Rainstorm: Trade Secret Cases, and Lawyers, Are Growing Exponentially
By Nicole D. Galli
In modern times, trade secrets have long been considered mainly the province of employment lawyers dealing with more mundane issues such as customer relationships. Today, it seems trade secrets lawyers are multiplying like mushrooms after a rainstorm — coming not only from the employment bar, but also from IP, particularly the patent bar.
Designing the Future: Protecting AR/VR Innovations With Design Patents
By By Zachary D. Cleary, Jose J. Jimenez and Taryn A. Elliott
The future is only redesigned every so often, so it is worth asking, what will this new technology look like, and how can pioneers protect their user-facing innovations that will define this emerging space? Design patents are the answer.
By Howard Shire and Justin Tilghman
Ninth Circuit Upholds Copyright Infringement Dismissal In ‘Jangle Vision Twins’ Case
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