July 29, 2021

Volume XI, Number 210

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Arthrex: PTAB Lives to Fight Another Day with (a Bit) More Oversight [PODCAST]

In this episode of the EXCLUSIVE RIGHTS: Intellectual Property podcast, attorneys Drew DeVoogd and Dan Weinger break down the recent Supreme Court decision in United States v. Arthrex, where the Court found that Administrative Patent Judges (APJs) are hired in violation of the Appointments Clause of the Constitution, and crafted a new structure for the PTAB. The Arthrex case has far reaching implications not just in patent law, but across the administrative bodies of the federal government. Drew and Dan discuss the following in this episode:

  • The atypical breakdown of concurrences and dissents

  • Choices the Court could have made but did not

  • Effects Arthrex may have on government generally and the future of the PTAB

 

 

©1994-2021 Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C. All Rights Reserved.National Law Review, Volume XI, Number 175
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About this Author

 Andrew H. DeVoogd Member Boston Mintz Patent Litigation Licensing & Technology Transactions International Trade Commission Strategic IP Monetization & Licensing Federal District Court IP Due Diligence
Member

Drew is an experienced patent litigator and trial attorney whose work encompasses a broad range of technologies. He regularly represents clients in high stakes International Trade Commission investigations involving some of the world's largest technology companies. He also litigates patent matters and other business disputes in federal district courts around the country, and advises clients in complex IP licensing and related transactions. Drew excels at helping clients make sense of nuanced legal issues while developing effective strategies to protect and leverage their intellectual...

617-348-1611
Daniel B. Weinger Patent Litigation Attorney Mintz Law Firm
Member

Daniel's practice in intellectual property focuses on patent litigation, both at the International Trade Commission and the Federal District Courts. Daniel has participated in all phases of patent litigation, including active engagement in multiple evidentiary hearings at the International Trade Commission. He has done work in a variety of technology areas, including computer software, software architecture, GPS, network devices, semiconductors, converged devices, and LED lighting.

Prior to joining Mintz Levin, Daniel worked as a database...

617-348-1629
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