PTAB Judges Demoted by the Federal Circuit in Arthrex v. Smith:  A New Challenge to the Constitutionality of PTAB Proceedings 

By Dr. Jayashree Mitra and Brian Beck PTAB Judges are Unconstitutionally Appointed Principal Officers In a unanimous decision last week, the Federal Circuit found that the administrative patent judges (APJs) at the Patent Trial and Appeal Board (PTAB) are principal officers of the United States, and thus that their appointment by the Secretary of Commerce violates the Appointments…

Allergan V. Sandoz Emphasizes Importance Of Prosecution History In Construing “Wherein” Clauses

By Dr. Jayashree Mitra and Brian Beck Claim Construction of “Wherein” Clause May Be Contingent On Prosecution History The Federal Circuit’s recent decision in Allergan Sales, LLC v. Sandoz, Inc., No. 2018-2207 (Fed. Cir. Aug. 29, 2019) (“Allergan”) illustrates how arguments made during prosecution with regards to the term “wherein” can turn the tide on invalidity arguments at…

Zuber Lawler Congratulates its Client AAMP on PTAB Victory

Zuber Lawler Congratulates its Client AAMP on PTAB Victory AAMP is the technology leader in aftermarket stereo equipment that allows a driver to control a replacement car stereo using existing controls on a steering wheel.  After settling an action for infringement of two of its patents, the defendant instigated reexamination proceedings, during which the Patent Examiner…

Congratulations to Eileen Letts: Recipient of The ABA Margaret Brent Women Lawyers of Achievement Award

Congratulations to Eileen Letts Recipient of The ABA Margaret BrentWomen Lawyers of Achievement Award The purpose of the American Bar Association Margaret Brent Awards is to recognize and celebrate the accomplishments of women lawyers from around the country who have achieved professional excellence in their practice areas and paved the way to success for other…