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Executive Branch Appointments Clause Constitutional Challenges

Orrick, Herrington & Sutcliffe LLP

Fourteen state attorneys general sue Trump Administration, Elon Musk, challenging constitutionality of DOGE authority

On February 13, fourteen state attorneys general (AGs) filed a complaint in the U.S. District Court for the District of Columbia challenging the authority of DOGE and its head, Elon Musk, to take actions across the federal...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2021 Decisions: United States v. Arthrex, 141 S. Ct. 1970 (2021)

Arthrex appealed a final written decision from an inter partes review (IPR) where the U.S. Patent Trial and Appeal Board (PTAB) found all challenged claims of its patent anticipated. On appeal, Arthrex argued that the...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2021 Decisions

[co-author: Jamie Dohopolski] Last year, the continued global COVID-19 pandemic forced American courts to largely continue the procedures set in place in 2020. The U.S. Court of Appeals for the Federal Circuit was no...more

WilmerHale

10 Open Appellate Issues Following High Court Arthrex Ruling

WilmerHale on

On June 21, 2021 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...more

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