10 Open Appellate Issues Following High Court Arthrex Ruling

By Mark Selwyn, Kevin Yurkerwich and Lauren Mangano Drenkard (September 13, 2021, 4:32 PM EDT) -- On June 21, the U.S. Supreme Court issued its decision in U.S. v. Arthrex Inc.

Two questions were before the court. First, are administrative patent judges principal officers who must be appointed by the president and confirmed by the U.S. Senate under the appointments clause of the U.S. Constitution? Second, if APJs are principal officers, what remedy should be adopted to cure the constitutional violation?

The Supreme Court held that APJs are principal officers. But the Supreme Court disagreed with the remedy adopted by the U.S. Court of Appeals for the Federal Circuit, which had severed restrictions on removing APJs from...

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