In The News

Matt Rizzolo and Scott McKeown Provide Insights on U.S. Supreme Court Case to Decide if PTAB Judges are Constitutional

Practices: Intellectual Property, Patent Trial & Appeal Board (PTAB) Proceedings, Appellate & Supreme Court, Administrative Litigation

The U.S. Supreme Court recently decided to review the Federal Circuit's decision from Arthrex v. Smith & Nephew that Patent Trial and Appeal Board judges are unconstitutionally appointed.  

The Supreme Court case will decide whether PTAB judges are principal officers who need to be appointed by the president and confirmed by the U.S. Senate, or inferior officers who can be appointed by a department head.

IP litigation partners Matt Rizzolo and Scott McKeown (both of Washington, D.C.) provided insights on the SCOTUS decision to grant cert in the U.S. Patent and Trademark Office appointments clause case on the constitutionality of administrative patent judge appointments. Matt and Scott are quoted in articles published in Bloomberg Law, The National Law Journal and, Intellectual Asset Management and Managing Intellectual Property.

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