Featured / Opinions

Late Breaking Opinion – Secretary of Commerce’s Appointment of PTAB Judges Violates the Constitution

While the Federal Circuit did not issue any opinions this morning, this afternoon (after the time the court typically issues opinions) it issued an important precedential opinion in a patent case, Arthrex, Inc. v. Smith & Nephew, Inc. In this case Arthrex argued that the the Secretary of Commerce’s appointment of Administrative Patent Judges to the Patent Trial and Appeal Board violates the Appointments Clause of the U.S. Constitution. The Federal Circuit agreed. The court, however, also noted the limited nature of its holding and the limited remedy its holding required.

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Recent News on the Federal Circuit

Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today‚Äôs report highlights a discussion of an oral argument addressing the constitutionality of the appointment of the judges of the Patent Trial and Appeal Board, an article on the Federal Circuit’s rejection of a challenge by Google to a patent related to encoding audio signals, and a note on a recent petition for en banc rehearing.

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En Banc Activity / Petitions

Recent En Banc Activity

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Highlights include four new petitions, a response to a petition, three requests from the Federal Circuit for responses, and an amicus brief filed in support of a petition.

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