The U.S. Supreme Court recently decided to review the Federal Circuit's decision from Arthrex v. Smith & Nephew that Patent Trial and Appeal Board judges are unconstitutionally appointed.
The Supreme Court case will decide whether PTAB judges are principal officers who need to be appointed by the president and confirmed by the U.S. Senate, or inferior officers who can be appointed by a department head.
IP litigation partner Matt Rizzolo ( Washington, D.C.) provided insights on the SCOTUS decision to grant cert in the U.S. Patent and Trademark Office appointments clause case on the constitutionality of administrative patent judge appointments. Matt is quoted in articles published in Bloomberg Law, The National Law Journal and Law.com, Intellectual Asset Management and Managing Intellectual Property.
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