Exploring the Impact Post-Arthrex on Future PTAB Proceedings

December 2, 2021 10:45am

Sara Tonnies Horton
Partner
Willkie Farr & Gallagher LLP (Chicago, IL)

Efrain Staino
Vice President, IP Litigation
Xperi Corporation (San Francisco, CA)

Matt Anderson
VP, IP Litigation, Disputes & Neuroscience Portfolio
Medtronic (Boulder, CO)

Moderator:

Naveen Modi
Partner and Global Vice-Chair, Intellectual Property and Chair, Patent Office Practice
Paul Hastings LLP (Washington, DC)

The Supreme Court’s long anticipated decision in US v. Arthrex, Inc. is an important rendering for PTAB stakeholders given its potential impact on both past and future IPR proceedings and outcomes. The Court concluded that while PTAB Judges were unconstitutionally appointed as principal officers, but handed the PTO Director the power to review PTAB decisions. Our panel of leading PTAB practitioners will explore the practical implications of this decision. Points of discussion will include:

  • Exploring the Supreme Court’s constitutional remedies in US v. Arthrex, Inc.
    • Evaluating the decision’s impact on pending IPR and other proceedings
  • Reviewing the decision and its implications for the PTO and PTAB
    • Federal circuit update on supplemental briefings
  • Examining how this effects IPR proceedings and the interplay with Federal Courts
  • Assessing the PTO Interim Director Review Process post-Arthrex
    • PTAB’s Q&A on Interim Director review process