U.S. Supreme Court,
Intellectual Property,
Constitutional Law
Mar. 17, 2021
Supreme Court tackles role of administrative judges on PTAB
Earlier this month, the U.S. Supreme Court heard oral arguments in a case that has the potential to upend thousands of decisions in administrative proceedings to determine the validity of issued U.S. patents.





Darren M. Franklin
Partner
Sheppard, Mullin, Richter & Hampton LLP
Darren is a partner at in the firm's intellectual property practice group. Since 2003, he has represented Sheppard Mullin's clients in a broad range of intellectual property matters, including patent litigation, patent post-grant proceedings, patent prosecution, and trademark litigation.
On March 1, the U.S. Supreme Court heard oral arguments in a case that has the potential to upend thousands of decisions in administrative proceedings to determine the validity of issued U.S. patents. The case, United States v. Arthrex, Inc. (along with two consolidated cases), concerns whether administrative patent judges who serve on the Patent Trial and Appeal Board of the U.S. Patent and Trademark Office are properly appointed "inferior...
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