McKool Smith principal Scott Hejny was quoted in the Westlaw article, “Supreme Court's Appointments Clause Ruling Will Keep PTAB Intact, Lawyers Predict.” The article collected multiple attorneys’ predictions on the United States v. Arthrex Inc. et al. Scott said, “the Supreme Court could still maintain a strict reading of the Patent Act and not have the PTO's director review PTAB decisions, but this would require Congress to fix the issue and could take time. The easiest paths for the Supreme Court are to either overturn the Federal Circuit decision, finding that the PTAB structure truly is a 'rare' — but constitutional — bird, or affirm the Federal Circuit decision.” Read the full article here.
