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Arthrex: Where Are We Now?
Contains material from Apr 2021
Arthrex: Where Are We Now?
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In Arthrex, Inc. v. Smith & Nephew, Inc., the Supreme Court will decide the constitutionality of the PTAB, and whether the APJs in the PTAB are principal officers who must be appointed by the President and confirmed by the Senate. If they are, their appointment by the Director of the USPTO is unconstitutional and the Supreme Court will decide if the Federal Circuit properly remedied this constitutional defect by severing the APJ job-security protections, and thereby converting them into inferior officers. Explore this case and the oral argument, which is being held on March 1.
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Arthrex: Where Are We Now? (Apr 2021)
Adam Mossoff
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Arthrex: Where Are We Now? (Apr 2021)
In Arthrex, Inc. v. Smith & Nephew, Inc., the Supreme Court will decide the constitutionality of the PTAB, and whether the APJs in the PTAB are principal officers who must be appointed by the President and confirmed by the Senate. If they are, their appointment by the Director of the USPTO is unconstitutional and the Supreme Court will decide if the Federal Circuit properly remedied this constitutional defect by severing the APJ job-security protections, and thereby converting them into inferior officers. Explore this case and the oral argument, which is being held on March 1.
Originally presented: Mar 2021 Advanced Patent Law Institute
Adam Mossoff,
Antonin Scalia Law School, George Mason University - Arlington, VA