USPTO Says Arthrex Doesn't Make TTAB Unconstitutional

By Mike LaSusa (February 26, 2020, 10:42 PM EST) -- The U.S. Patent and Trademark Office told the Federal Circuit on Wednesday that the appeals court's recent Arthrex ruling doesn't support a trademark applicant's argument in his dispute with Coca-Cola that the structure of the Trademark Trial and Appeal Board is unconstitutional.

The Federal Circuit's October decision in Arthrex Inc. v. Smith & Nephew Inc. held that the Patent Trial and Appeal Board was in violation of the Constitution's appointments clause, which governs how executive officials are appointed and confirmed. But the USPTO's brief urged the appeals court to reject the argument by Alberto Soler-Samohano that the same constitutional flaw exists...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.

  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!


Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!