Industry Reacts to the Supreme Court’s Arthrex Ruling: Chaos Averted – or Just Delayed?

Director William H. Milliken was quoted in the article “Industry Reacts to the Supreme Court’s Arthrex Ruling: Chaos Averted – or Just Delayed?,” published by IPWatchdog. Will provided the following commentary on the US Supreme Court’s decision in United States v. Arthrex, Inc. that was issued on June 21, 2021:

“Practically speaking, the primary effect of this decision will be to require that the Director have the opportunity to review PTAB decisions before they become final. The Court was clear, however, that the Director “need not review every decision by the PTAB”—he need only be able to do so. Accordingly, we do not expect this decision to cause a major disruption to the current post-grant proceeding regime. It is possible that the Office will in the near future issue guidance concerning the mechanics of this new layer of potential review.”