Federal Circuit Holds Administrative Patent Judges Appointments Unconstitutional
By Eric Caligiuri
IP Law Blog
In Arthrex Inc. v. Smith & Nephew Inc. et al., case number 18-2140, the U.S. Court of Appeals for the Federal Circuit recently considered whether the appointment of the Board’s Administrative Patent Judges (“APJs”) by the Secretary of Commerce, as currently set forth in Title 35, violates the Appointments Clause of the U.S. Constitution. The Federal Circuit held that the statute as currently constructed makes the APJs principal officers.
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What Happens When the Intellectual Property Laws Clash with the Antitrust Laws?
By Audrey A. Millemann
IP Law Blog
Should a company be required to license its patents to a competitor? That’s one question that arises when intellectual property law and antitrust law intersect.
The Sherman Act, section 1, prohibits concerted action (agreements, combinations, or conspiracies) that restrain trade. Four types of conduct are per se unlawful; i.e., illegal regardless of the reason. They all involve agreements between competitors,
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When Does A Patent Expire? Ask the Federal Circuit!
By Audrey A. Millemann
IP Law Blog
Before 1995, the term of a U.S. utility patent was 17 years from the day the patent issued. In 1994, the federal statutes were changed to make the patent term 20 years from the effective filing date of the patent application. This change was part of the Uruguay Round Agreements Act and was intended to make U.S. patents comparable to foreign patents,
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