PTAB Purgatory? A Look at the Uncertainty Surrounding APJs and the Appointment Clause

Level: Advanced
Runtime: 91 minutes
Recorded Date: December 09, 2019
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  • Historical Context
  • Arthrex Inc. v Smith & Nephew, Inc.
  • Reviewer Power
  • Supervisory Power
  • Removal Power
  • Subsequent Developments
  • Supplemental Briefing in Polaris
  • Questions Raised by Arthrex
  • Impact beyond Patent Law
  • Future of the Arthrex Decision
  • Potential Legislative Fix
Runtime: 1 hour, 31 minutes
Recorded: December 9, 2019


In Arthrex v. Smith & Nephew , the Federal Circuit held that the Patent Trial & Appeal Board's administrative patent judges were "principal officers" who were unconstitutionally appointed -- but in doing so, the court struck down a part of the Patent Act in an attempt to remedy the Constitutional defect. This webinar will look at the fallout from Arthrex and the uncertainty it has created, including forthcoming en banc petitions and a potential legislative fix.

This program was recorded on December 9th, 2019.

Provided By

American Bar Association


Matthew J. Rizzolo

Ropes & Gray LLP

Matt is a litigator who works extensively with technology companies to both enforce clients’ intellectual property rights and defend clients from infringement claims. Matt has significant experience litigating patent cases in a variety of jurisdictions, including federal district courts throughout the United States, the Court of Federal Claims, and in Section 337 actions before the United States International Trade Commission. His practice encompasses all facets of litigation, from pre-suit investigation through trial, post-trial proceedings, and appeals. Matt has counseled clients in cases involving a wide variety of technical fields, including smartphones, video gaming devices, computer software and hardware, telecommunications, and Internet-related services, as well as biotechnology and pharmaceuticals. He has additional experience in drafting and negotiating patent and technology licensing agreements, and is registered to practice before the U.S. Patent & Trademark Office.

In addition to his patent experience, Matt is well-versed in litigating a broad range of additional intellectual property and unfair competition-related issues, including trade secret misappropriation, breach of contract, FRAND licensing, and constitutional issues. He maintains an active pro bono practice and has represented pro bono clients in federal and state courts, the Court of Appeals for Veterans Claims, and before the Social Security Administration.

Matt frequently writes and speaks on a wide variety of intellectual property issues, and is a sought-after commentator who has been quoted in media such as The National Law Journal, Bloomberg, Reuters, CNBC, and Law360, among others. He is a co-host of Ropes & Gray’s IP(DC) podcast, which focuses on intellectual property developments emanating from Washington, DC. While at a previous law firm, Matt also co-founded and wrote for The Essential Patent Blog, a legal blog that focuses on issues relating to standard-essential patents. Prior to law school, Matt worked in various technical and engineering positions for Cooper Industries, an electrical products manufacturer, as part of Cooper’s Operations Leadership Program.

Angela M. Oliver

Haynes and Boone, LLP

Angela Oliver is an intellectual property lawyer who focuses her practice on patent appeals before the U.S. Court of Appeals for the Federal Circuit and post-grant proceedings before the U.S. Patent and Trademark Office. After clerking at the Federal Circuit and in the Eastern District of Texas, Angela understands how to develop effective, long-term case strategies for her clients.

Angela is experienced in patent infringement litigation and inter partes reviews, and she has prosecuted patent applications in various fields, including medical devices, computer science, telecommunications, and business methods. Her background in bioinformatics equipped her with a foundational understanding of both the technology industry and the life sciences industry, as well as the emerging crossover between those fields.

Angela is an active member of the Giles S. Rich American Inn of Court and the PTAB Bar Association.

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