Most Arthrex Challengers Say "No Thanks" To Director Remand, PTAB Litigation Blog
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On June 21, 2021, the Supreme Court issued a decision in U.S. v. Arthrex, holding that PTAB APJs were unconstitutionally appointed because they exercised "principal officer" authority in their final written decisions, without having been appointed by the President and approved by the Senate, without review by a so-appointed Director. The Supreme Court remanded Arthrex’s appeal to the Director of the USPTO for discretionary review, instead of rehearing.
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