Court gavel justice

Federal Circuit Approves Interim-Director Director Reviews, PTAB Litigation Blog

Visit the PTAB Litigation Blog

The Federal Circuit’s decision on May 27, 2022 in Arthrex Inc. v. Smith & Nephew Inc. et al., set forth that Patent Commissioner, Drew Hirshfeld, was within the bounds of the U.S. Supreme Court’s United States v. Arthrex ruling when exercising his discretion regarding U.S. Patent and Trademark Office (“USPTO”) director reviews.  Arthrex, which was decided in June 2021, established that any Patent Trial and Appeal Board (“PTAB”) decision that the USPTO disagrees with is reviewable by a Presidentially-approved and Senate-confirmed (“PAS”) officer; the USPTO Director qualifies as a PAS officer.  The Supreme Court remanded the case to lower court, where Arthrex requested a rehearing by the USPTO Director, who at this time was Hirshfeld serving as interim director.  Hirshfeld’s position as Patent Commissioner is a non-PAS officer role.

Kaylee Rabatin, in the Pittsburgh Office, assisted with the preparation of this Alert

Read the full article at

Jones Day publications should not be construed as legal advice on any specific facts or circumstances. The contents are intended for general information purposes only and may not be quoted or referred to in any other publication or proceeding without the prior written consent of the Firm, to be given or withheld at our discretion. To request reprint permission for any of our publications, please use our “Contact Us” form, which can be found on our website at The mailing of this publication is not intended to create, and receipt of it does not constitute, an attorney-client relationship. The views set forth herein are the personal views of the authors and do not necessarily reflect those of the Firm.