October 15, 2021

Jasper L. Tran and Chloe Jasper Author Article Analyzing United States v. Arthrex’s Aftermath and the USPTO’s Director Review Denials

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Intellectual Property Litigation associate Jasper L.  Tran and Litigation & Arbitration associate Chloe Jasper co-authored the article, “Arthrex’s Aftermath,” commenting on the Supreme Court’s United States v. Arthrex ruling that PTAB judges are appointed as inferior Officers under the Appointments Clause but unconstitutionally acting like principal Officers.

Mr. Tran and Ms. Jasper discussed:

  • Arthrex’s broader political and congressional impact ex ante
  • Arthrex’s actual and practical aftermath ex post in the three months since its issuance, including an analysis of the 120 pending appeals at the Federal Circuit with a similar Appointments Clause challenge and the acting USPTO Director’s 15 director review denials

The article was originally published in Mealey’s Litigation Report: Intellectual Property and Mealey's Litigation Report: Patents.

Click here or here to read the full article.