Justices Add More Oversight To PTAB In Arthrex Ruling

By Dani Kass (June 21, 2021, 10:45 AM EDT) -- The U.S. Supreme Court on Monday held that Patent Trial and Appeal Board judges are unconstitutionally appointed but that giving the U.S. Patent and Trademark Office's director more control over their rulings will fix the problem.

The court's opinion, written by Chief Justice John Roberts, severed the section of the Patent Act that made PTAB decisions reviewable only by a panel of judges and instead gave the director single-handed authority to reverse panel rulings.

How The Justices Came Down The justices issued four opinions in U.S. v. Arthrex, with several members signing onto varied parts of multiple opinions. Here's how each...

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