US Supreme Court 2020 Term Preview
Constitutionality of Patent Board's Structure Under Review in Arthrex
The U.S. Supreme Court has agreed to hear a case that could affect the viability of the Patent Trial and Appeal Board as well as countless PTAB patentability decisions. The case will be closely watched, as the Federal Circuit vacated more than 100 PTAB decisions and remanded those decisions back to the PTAB for proceedings before newly designated administrative patent judge panels.
Supreme Court Review Threatens FTC Monetary Relief Authority
The U.S. Supreme Court case AMG Capital Management could substantially curtail the primary authority the Federal Trade Commission relies on to seek monetary relief from defendants in federal court. While the agency historically has pursued and obtained this type of relief, the Court’s certiorari grant has cast doubt on the FTC’s authority to do so.
Delegation of Arbitrability To Be Revisited in Henry Schein II
For the second time in two years, the U.S. Supreme Court will hear a case where the central issue is whether a court (or an arbitrator) should decide whether a dispute belongs in the courts or in arbitration. However the Court rules, Henry Schein II is a cautionary tale, as it illustrates the perils of unclear drafting in contractual dispute resolution clauses.
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