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In United States v. Arthrex, the Supreme Court Delivers A Seemingly Simple Solution That May Prove More Complicated in Practice
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Author: Dylan HaversackPublished: June 23, 2021This week, in United States v. Arthrex, Inc., the Supreme Court vacated and remanded a decision by the Court of Appeals for the Federal Circuit (“the CAFC”), holding that the administrative patent judges (“APJs”) at the Patent Trial and Appeal Board (“the Board”) are unconstitutionally appointed. While

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Proper Representation of Prophetic Examples
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Author: Patrick MoonPublished: July 29, 2021Earlier this month, the United States Patent and Trademark Office (USPTO) published a notice in the Federal Register providing guidance regarding the proper presentation of prophetic examples and working examples in a patent application. According to the guidance, the proper presentation of prophetic and working examples

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Suspending the Rules: A Year’s Worth of USPTO Petitions
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Author: Richard E. WatermanPublished: August 17, 2021In some circumstances, patent applicants may petition the Patent Office to suspend non-statutory rules under 37 CFR § 1.183. As the text of the rule indicates, the Patent Office will only grant such petitions “[i]n an extraordinary situation, when justice requires,” but does not clarify

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United States v. Arthrex: Supreme Court Crafts a Creative Remedy for the Appointment of Patent Judges Carmadella, Jeannette Maurer
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Author: Jeannette Maurer CarmadellaPublished: July 9th, 2021Holding that the current appointment process for administrative patent judges is unconstitutional, the Supreme Court in United States v. Arthrex fashioned a creative remedy by leaving the process intact but giving the director of the USPTO the power and discretion to review and overturn

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