Knobbe Martens partner Ted Cannon was quoted by Law360 in the article “Why PTAB Attys Should Watch The High Court’s SEC Fight.” The article discusses the U.S. Supreme Court’s recent decision to review the constitutionality of the U.S. Securities and Exchange Commission’s administrative courts in SEC v. Jarkesy.
The dispute in the Jarkesy case involves some issues similar to those addressed in the Supreme Court’s 2018 Oil States and 2021 Arthrex decisions. In Oil States, the Court upheld the constitutionality of America Invents Act reviews, allowing the PTAB to invalidate patents without a jury because they are public rights. In Arthrex, the Court allowed the Director of the Patent and Trademark Office to review decisions by PTAB judges.
In the article, Cannon says that the securities case will likely look back to the Supreme Court’s ruling in Oil States, as the SEC’s petition cites Oil States about 20 times.
Read the full article on Law360 here. (Subscription required)
