Post-Arthrex PTAB Appeals Mostly Moving On From Constitutional Kerfuffle, PTAB Litigation Blog
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This is a follow up to our earlier post about the fallout from the Supreme Court’s June 21, 2021 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.
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