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 and confirmed by the U.S. Senate under the appointments clause of the U.S. Constitution? Second, if APJs are principal officers, what remedy should be adopted to cure the constitutional violation?
Originally published by Law360 - September 13, 2021.
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