Westlaw News

Supreme Court to consider all sides’ cert petitions in Arthrex patent-law case

When the U.S. Supreme Court meets next week for its first conference since the summer recess, the agenda will include a decision so controversial that all parties have asked the justices to review it.

The case is Arthrex v. Smith & Nephew, in which the U.S. Court of Appeals for the Federal Circuit found constitutional fault with the structure of the Patent Trial and Appeal Board, resolved it by stripping the board’s 200-plus administrative judges of their civil-service protections against termination, and held that Arthrex – and potentially hundreds of appellants in other cases – should have a new hearing by a different panel of APJs.

To read the full story on Westlaw Today, click here: