IPWatchdog and Triangle IP will be offering a webinar entitled "Will SCOTUS Take a Second Arthrex Challenge? Are There Any Limits on USPTO Director Delegation of Duties?" on April 18, 2023 at 12:00 pm (ET). Robert Kry of MoloLamken LLP, who represented Arthrex; Joseph Matal of Haynes and Boone, LLP, who previously "performed the duties and functions" of the Director at the USPTO, and Gene Quinn of IPWatchdog, Inc. will discuss whether the Supreme Court will or should grant certiorari to decide whether the Federal Circuit's decision, in Arthrex II, holding that the Commissioner who was then "performing the functions and duties" of the Director by delegation violates the Appointments Clause, the FVRA, or the Constitution's separation of powers. The panel will also tackle the fundamental question underpinning the Federal Circuit’s Arthrex II decision, namely the proper interpretation of the Federal Vacancies Reform Act (FVRA), whether all of the USPTO Director's functions and duties are delegable, and whether it was a "red herring" to compare the Supreme Court's Arthrex analysis to the signing of patents by those who were not legally "Acting Director" but were nevertheless vested with the powers of Director.
There is no registration fee for this webinar. However, those interested in registering for the webinar, should do so here.
Comments