Analysis

Patent Law Is Just The Beginning For High Court In Arthrex

Law360 (October 13, 2020, 10:56 PM EDT) -- Attorneys will be watching the Arthrex case taken up by the U.S. Supreme Court on Tuesday as a chance for the justices to clear up a lingering question about the Constitution's appointments clause, but just how far the court will go — up to the extreme of invalidating the Patent Trial and Appeal Board — remains an open question.

The justices seem set to use U.S. v. Arthrex to clarify the difference between principal and inferior officers under the U.S. Constitution's appointments clause, something that will apply to the U.S. Patent and Trademark Office and other agencies trying to pick apart...

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