Original Air Date: 11/13/19
On October 31, 2019, the Federal Circuit issued a decision in Arthrex, Inc. v. Smith & Nephew, Inc., Appeal No. 2018-2140 (Fed. Cir. Oct. 31, 2019), holding that Administrative Patent Judges are not constitutionally appointed under the Appointments Clause. The court vacated and remanded the proceeding, but concluded that severing the portion of the Patent Act restricting removal of the APJs is sufficient to render the APJs inferior officers and remedy the constitutional appointment problem.
A link to the decision follows: http://www.cafc.uscourts.gov/sites/default/files/...
This case presents numerous questions for our practices. AIPLA presents a panel of experts to discuss the Arthrex decision and its impact. Please join us for an informative and engaging discussion.
John Whealan of George Washington University Law School
Teresa Rea of Crowell Moring LLP