Law360 (October 13, 2020, 6:42 PM EDT) -- The U.S. Supreme Court has agreed to review the U.S. Court of Appeals for the Federal Circuit's holding in Arthrex Inc. v. Smith & Nephew Inc. that the appointment scheme for the Patent Trial and Appeal Board's administrative patent judges is unconstitutional under the appointments clause.
Below, I provide a brief background on the case and discuss five things that practitioners and litigants should know as the Supreme Court considers this case.
The U.S. Constitution's appointments clause provides that officers of the United States must be appointed by the president with the advice and consent of the U.S. Senate. Inferior...
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