Feds Urge Justices To Eye Dozens Of Post-Arthrex Cases

Law360 (July 28, 2020, 10:08 PM EDT) -- The federal government is asking the U.S. Supreme Court to potentially look into about 80 cases invoking the Federal Circuit's Arthrex ruling that Patent Trial and Appeal Board judges are unconstitutionally appointed, saying that if the Arthrex ruling is found to be wrongly decided, then that will undermine subsequent rulings. 

In a July 23 petition for a writ of certiorari docketed Monday, the government urged the high court to review many of the cases where the Federal Circuit applied its October ruling in Arthrex Inc. v. Smith & Nephew Inc. and granted new hearings with a different panel of PTAB judges....

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