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On June 1, 2023, the new European Unified Patent Court (UPC) opened its doors, and enforcement of European patents in (currently) 17 contract member states is now possible with one.
“Sticks and stones may break my bones … but [sharp] words [from the Federal Circuit] will make me wish I never went to law school.” The judges of the Federal Circuit understandably.
On June 21, 2021, the US Supreme Court issued its decision in Arthrex, Inc. v. Smith & Nephew, Inc., No. 19-1434. The Court found that the provisions of the America Invents Act.
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On March 1, 2021, the Supreme Court heard the oral argument in Arthrex, Inc. v. Smith & Nephew, Inc., No. 19-1434. Two questions are before the Court. First, whether under the Appointments Clause, U.S. Const. Art. II, § 2, cl. 2, Administrative Patent Judges ( APJ s) are principal officers who must be appointed by the President or inferior officers who can be appointed by the USPTO Director. Second, if APJs are principal officers, whether the Court of Appeals for the Federal Circuit ( Federal Circuit ) cured the constitutional defect by severing the application of 5 U.S.C. § 7514(a) the statutory provision that restricted removal of the APJs.