Notes from House Judiciary Subcommittee Hearing on Arthrex, PTAB Litigation Blog

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On Tuesday, the House Judiciary Committee’s Subcommittee on Courts, Intellectual Property, and the Internet conducted a hearing to discuss recent court decisions, namely the Federal Circuit’s decision in Arthrex. Previously discussed here, the Federal Circuit in Arthrex held the appointment of Administrative Patent Judges (APJs) was an unconstitutional violation of the Appointments Clause, and severed a portion of the Patent Act regarding removal restrictions to cure the unconstitutionality.

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