United States v. Arthrex: Supreme Court Crafts a Creative Remedy for the Appointment of Patent Judges

The U.S. Supreme Court recently decided a landmark patent case. In United States v. Arthrex, Inc., the Court held that the appointment process of the Patent Trial and Appeal Board (“PTAB”)’s administrative patent judges (“APJs”) was unconstitutional. The Court specifically considered whether APJs are “principal officers” who must be appointed by the President and confirmed by […]

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