06/21/2021

Teague Donahey Discusses Reaction to SCOTUS' Arthrex Ruling and USPTO's Potential Guidance

Holland & Hart intellectual property attorney Teague Donahey was quoted in the IPWatchdog June 21 article entitled, “Industry Reacts to the Supreme Court’s Arthrex Ruling: Chaos Averted – or Just Delayed?” and the Law360 June 21 article entitled, “Arthrex Ruling Leaves Attys Eyeing USPTO For Guidance.” The articles discussed the U.S. Supreme Court's Anthrax ruling that gives the U.S. Patent and Trademark Office (USPTO) director the right to review Patent Trial and Appeal Board decisions, which will require guidance from the agency. Donahey said "the Supreme Court didn't give us much in the way of specific guidance." He added, “that SCOTUS would find the current PTAB procedures unconstitutional under the Appointments Clause was no surprise.” He is "skeptical the director will take up many cases, compared the set-up to the U.S. International Trade Commission.”

Click here to read the IPWatchdog June 21 article, “Industry Reacts to the Supreme Court’s Arthrex Ruling: Chaos Averted – or Just Delayed?

Click here to read the Law360 June 21 article, “Arthrex Ruling Leaves Attys Eyeing USPTO For Guidance,” (subscription required).

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