On Monday, the Supreme Court will hear oral argument in U.S. v. Arthrex (also referred to as Arthrex v. Smith & Nephew, one of the consolidated cases at issue). The appeal, which will address whether the appointment of PTAB judges is constitutional under the Appointments Clause, is the most important patent case being heard by…
Tag Archive for constitution
Polaris Concurrence Explains Why Arthrex Was Wrong, But Signals Federal Circuit Won’t Fix It
by Josh Landau •
Today’s Federal Circuit decision in Polaris v. Kingston had an unsurprising outcome—in line with last year’s Arthrex decision, the PTAB’s determination was remanded back to the PTO for review in line with Arthrex. But while the decision was brief, the concurrence—authored by Judge Hughes and joined by Judge Wallach—was not. It explains, in detail, just…
There Is a Constitutional Right at Stake in Patent Reform, But It’s Not What You Think
by Matt Levy •
The Constitution did not create a right to a patent. Let’s get that out of the way. The eighth clause of Section 8 of Article I says, Congress shall have Power … To promote the Progress of Science and useful Arts, by securing for limited times to Authors and Inventors the exclusive Right to their…