Arthrex, Inc v Smith & Nephew, Inc

US Court of Appeals for the Federal Circuit - 31 October 2019

Dion M Bregman; Lindsey M Shinn; Julie S Goldemberg; and W Scott Tester, Morgan Lewis

The US Court of Appeals for the Federal Circuit (CAFC) held that the statutory scheme governing the administrative patent judges (APJs) of the US Patent Trial and Appeal Board (PTAB) is in violation of the Appointments Clause of the US Constitution.