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Power of Appointment Appointments Clause

Akin Gump Strauss Hauer & Feld LLP

Federal Circuit: Appointment of PTAB Judges Violates the Constitution’s Appointments Clause

In Arthrex, Inc. v. Smith & Nephew, Inc., the Federal Circuit held that appointment of Administrative Patent Judges (APJs) by the Secretary of Commerce violates the Appointments Clause of the U.S. Constitution. The court then...more

Troutman Pepper

The PTAB and the Constitution

Troutman Pepper on

Arthrex, Inc. v. Smith & Nephew, Inc., Appeal No. 2018-2140 (Fed. Cir., October 31, 2019) - Since the inception of inter partes review at the Patent Trial and Appeals Board (PTAB), there have been a number of...more

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