Tag Archives: PTAB

Supreme Court Rules on Constitutionality of Administrative Patent Judges SOCIAL

JONES DAY TALKS®: Supreme Court Rules on Constitutionality of Administrative Patent Judges



The United States Supreme Court has delivered its decision in U.S. v. Arthrex, which determined whether appointments of administrative patent judges to the U.S. Patent and Trademark Office’s Patent Trial and Appeal Board (PTAB) were constitutional.

Jones Day’s Matt Johnson and John Evans talk about the background of the Arthrex case, how the decision could affect the way the PTAB operates, and the implications for parties with matters pending.


PTAB Litigation Blog Reaches 500 Posts ... and the PTAB Reacts to COVID-19

JONES DAY TALKS®: PTAB Litigation Blog Reaches 500 Posts … and the PTAB Reacts to COVID-19



As Jones Day’s PTAB Litigation Blog marks its 500th posting, Dave Cochran and Matt Johnson discuss current patent litigation developments, near-term trends, and how the PTAB is handling cases during the COVID-19 lock down.

Read the full transcript on the Jones Day website.


Appointments of PTAB Judges Ruled Unconstitutional ... What Now?

JONES DAY TALKS®: Appointments of PTAB Judges Ruled Unconstitutional … What Now?



In Arthrex, Inc. v. Smith & Nephew, Inc., the Federal Circuit has held that appointments of Administrative Patent Judges of the Patent Trial and Appeal Board (“PTAB”) were in violation of the Appointments Clause of the U.S. Constitution. Jones Day’s Matt Johnson and Dave Cochran discuss the potential ramifications of this decision and talk about what parties to PTAB matters should do now.


A New Game: Better PTAB Defense Litigation Strategies

A New Game: Better PTAB Defense Litigation Strategies



Patent Trial and Appeal Board, or PTAB, defense litigation strategies continue to evolve. In a recent Law360 article, Jones Day Intellectual Property lawyers Dave Cochran, Mike Hendershot, and Matt Johnson explained why previous assumptions and strategies pertaining to PTAB litigation must be reconsidered.

Mr. Hendershot and Mr. Johnson clarify the importance of tight coordination between trial and PTAB counsel, fully developing noninfringement positions early, tailoring a PTAB petition to the claims and grounds truly at issue, and more in this Jones Day Talks podcast.