Tag: constitution
Appropriateness Of APJ Appointments To Be Argued Monday In Arthrex
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 addres...
Polaris Concurrence Explains Why Arthrex Was Wrong, But Signals Federal Circuit Won’t Fix It
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 ...
There Is a Constitutional Right at Stake in Patent Reform, But It’s Not What You Think
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...