Cert Filed in Arthrex on Appointments Clause Issue, PTAB Litigation Blog

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The United States petitioned the Supreme Court for certiorari in Arthrex.  Cert. Pet., No. 19-1434 (June 25, 2020).  Two additional petitions for writs of certiorari have been filed, one by Arthrex and one by Smith & Nephew with ArthroCare.  The Federal Circuit previously found administrate patent judges (APJs) at the PTAB were unconstitutionally appointed principal officers.  Arthrex, Inc. v. Smith & Nephew, Inc., No. 2018-2140, 941 F.3d 1320 (Fed. Cir. 2019).  The court issued a multi-opinion denial of panel and en banc rehearing.  The US argues with its petition for a writ of certiorari that the Federal Circuit erred in its analysis of the Appointments Clause issue.

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