In review and moving forward

Sterne, Kessler, Goldstein & Fox’s William H Milliken and Jamie Dohopolski review IP at the US Supreme Court and CAFC in 2021 and 2022

William H Milliken and Jamie Dohopolski - Sterne, Kessler, Goldstein & Fox

2021 was a big year for IP at the Supreme Court of the US (SCOTUS): the court addressed the constitutionality of administrative patent judge (APJ) appointments in United States v Arthrex and narrowed the scope of assignor estoppel in Minerva v Hologic. The US Court of Appeals for the Federal Circuit, meanwhile, tackled thorny questions surrounding patent subject-matter eligibility and IP venue – two issues that may make their way to the high court in 2022.