The Takings Clause of the Fifth Amendment states that private property “shall not be taken for public use, without just compensation.”[1] Intellectual property rights – patents, trademarks, copyrights, and other IP – have long been considered property rights. This belief, however, has been tested by the Supreme Court’s reluctance to specifically define IP as a …
Month: October 2020
SCOTUS Grants Certiorari on Appointments Clause Issue
In its orders of October 13, 2020, the U.S. Supreme Court granted petitions for writ of certiorari to three cases involving Arthrex, Inc., dealing with the constitutionality of the PTAB’s judges: United States v. Arthrex, Inc. (Docket No. 19-1434), Smith & Nephew, Inc. v. Arthrex, Inc. (Docket No. 19-1452), and Arthrex, Inc. v. Smith & …