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Alex Vogler


McAndrews, Held & Malloy, Ltd

Alex Vogler is a Partner at McAndrews, where he focuses his practice on intellectual property litigation. Alex has experience with pre-suit investigation and assessment, drafting license agreements, due diligence investigations, and various aspects of district court litigation, including motion practice and discovery matters. He serves clients primarily in the medical device industries.

Alex graduated with honors from the University of Chicago Law School. During law school, Alex was awarded the Leonard G. Nierman Scholarship, which is given to an outstanding student who exhibits interest in a career in patent law.

Prior to law school, Alex graduated with high honors from Purdue University, where he earned his Bachelor of Science in Chemical Engineering. While at Purdue, Alex spent his summers interning at McAndrews.

Recent Articles by Alex Vogler

Arthrex Aftermath: How the Landmark Supreme Court Decision Drives the PTAB’s Future

A working definition of inertia is the tendency of a body to maintain its state of rest or uniform motion unless acted upon by an external force. As it did in Oil States (S.C. 2018), inertia appears to have played a role in the Supreme Court’s decision in the United States v. Arthrex, in which the central dispute was the remedy to address the unconstitutional appointment of administrative patent judges (APJs). Possible remedies included vacating hundreds or thousands of prior final decisions by unconstitutionally appointed APJs, requiring all APJs to be confirmed by the Senate and then rehear previously-decided reviews, finding the entire statutory structure unconstitutional and handing invalidity/unpatentability determinations back to Article III Courts, removing employment protections for APJs (as the Federal Circuit did), or adding a layer of review so that inferior officers had appropriate responsibility under the Appointments Clause. Faced with these possibilities, the Supreme Court’s holding maintains the inertia of the Patent Trial and Appeal Board (PTAB) and again solidifies its role in patent litigation today.