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

Visit the PTAB Litigation Blog.

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.

Read the full aticle at ptablitigationblog.com.

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