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EXCLUSIVE RIGHTS: Intellectual Property — Arthrex: PTAB Lives to Fight Another Day with (a Bit) More Oversight

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

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Andrew H. DeVoogd is a patent litigator and trial attorney whose practice encompasses a wide range of technologies. He represents major technology companies in International Trade Commission investigations, and shares his insights on Mintz's IP Viewpoints.
Daniel B. Weinger is a Mintz intellectual property attorney. Daniel's practice focuses on patent litigation at the International Trade Commission, the Federal Courts, and the PTAB. He handles all phases of patent litigation and counsels clients on IP strategy.