June 21, 2021 - Federal Circuit Insights

Supreme Court Preserves (Again) Inter Partes Review Despite Finding Constitutional Violation

The Supreme Court issued its long-awaited decision today in United States v. Arthrex, Inc., Nos. 19‑1434, -1452, -1458. Although a majority of the Court held that Congress’s statutory scheme violated the Constitution, the Supreme Court once again preserved the availability of inter partes reviews for challenging issued patents. Still unknown is whether Arthrex will have any practical effect on practice at the Patent Trial and Appeal Board going forward.

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