Last week, an order list issued by the U.S. Supreme Court indicated that the nation’s highest court had granted a pair of petitions for writ of certiorari which were then consolidated into Davis v. Saul. The petition in Davis asks the Supreme Court to determine whether claimants seeking disability benefits or supplemental security income under the Social Security Act (SSA) must exhaust their Appointments Clause challenges with the administrative law judge (ALJ) at the agency in order to obtain judicial review of that challenge in federal court. Given the Appointments Clause challenge to the Patent Trial and Appeal Board (PTAB) proceedings at issue in Arthrex v. Smith & Nephew, many patent practitioners are interested in the Supreme Court’s ultimate decision on whether such challenges can be brought up for the first time on appeal from agency proceedings when parties first claim that constitutional challenge while seeking judicial review in federal courts.
Litigation
- Bristol Myers Says AstraZeneca’s Imjudo Infringes Yervoy Patent
- Federal Circuit Upholds Albright’s Ruling on Denial of Transfer for GM
- High Court Asks for SG Views on Apple’s Petition Challenging Federal Circuit Approach to IPR Estoppel
- Albright Gets OK from CAFC on Denial of Transfer for Amazon
- This Year is Poised to Be a Landmark One for Tattoo Copyright Litigation
Recent Posts
- SCOTUS Sustains Blow to Patent Prosecution Practice in Denying Juno v. Kite Rehearing
- Opinion: Restoring The Road Less Traveled – American Invention at a Crossroad
- An Alternative to Claim Mirroring in Initial Patent Application Filing
- Bristol Myers Says AstraZeneca’s Imjudo Infringes Yervoy Patent
- New Federal Law and FTC Rule Will Imperil Trade Secret Protection