Post-Grant Review of Patents in the United States: The Recent Supreme Court Decision v. Arthrex – By Martensen IP

Colorado Springs, Colorado–(Newsfile Corp. – July 20, 2021) – On June 21, 2021, the U.S. Supreme Court decided the administrative patent judges (APJs) of the Patent Trial and Appeal Board (PTAB) were not constitutionally appointed, and that the patent owner, Arthrex, Inc., is entitled to a remand for a rehearing by the Director of the United States Patent and Trademark Office (USPTO). United States v. Arthrex, Inc., 593 U.S. _ (June 21, 2021).

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