Commentary about the Supreme Court’s 2021 decision in United States v. Arthrex, Inc., has focused on the nexus of patent and administrative law. But this overlooks a seismic and as-yet unappreciated copyright implication of the decision: it renders the Copyright Royalty Board (CRB)...

The America Invents Act of 2011 (“AIA”) created a robust administrative system—the Patent Trial and Appeal Board (“PTAB”)—for challenging the validity of granted patents. Congress determined that administrative correction of errors made in initial patent grants could be cheaper and...

The post-grant review proceedings set up at the U.S. Patent and Trademark Office’s Patent and Trial Appeal Board by the America Invents Act of 2011 have transformed the relationship between Article III patent litigation and the administrative state. Not surprisingly, such dramatic change has...