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On October 26, 2021, Chief Administrative Patent Judge (“APJ”) Scott R. Boalick of the Patent Trial and Appeal Board (“PTAB”) lifted a stay that he issued on May 1, 2020, pausing all...
The Supreme Court will hear oral argument on March 1, regarding the constitutionality of the inter partes review (IPR) system. The Court's decision, which will likely issue this summer, could have far-reaching consequences for both current and future participants in patent cases. In October 2019, in Arthrex v. Smith & Nephew, Inc., 941 F.3d 1320 (Fed. Cir. 2019), the U.S. Court of Appeals for the Federal Circuit concluded that the statutory scheme appointing Patent Trial and Appeal Board (PTAB) administrative patent judges (APJs) violates the appointments clause of the U.S. Constitution. AP...