Missing Appointments: Supreme Court Grants Certiorari in Arthrex v. Smith & Nephew
By EsqSocial Corporation 21/10/20
While all eyes have been trained on the confirmation hearings from last week, the Supreme Court made news in the IP world. The Court granted certiorari in Arthrex v. Smith & Nephew (Nos. 19-1434, -1452, -1458), a decision analyzing the Appointments Clause, U.S. Const. Art. II, ยง 2, Cl. 2. In Arthrex, a panel of the Federal Circuit held that the statutory scheme for appointing administrative patent judges (APJs) of the Patent Trial and Appeal Board violates the Appointments Clause......
By: Foley Hoag LLP - Trademark, Copyright &