ARE PTAB Law Alert:FEDERAL CIRCUIT DECLARES PTAB APJs TO BE SUPERIOR OFFICERS APPOINTED IN AN UNCONSTITUTIONAL MANNER, BUT OFFERS A FIX GOING FORWARD WITH LIMITED RELIEF GOING BACK

  Updated: November 18, 2019 On Thursday, October 31, 2019, in Arthrex, Inc. v. Smith & Nephew, Inc., the U.S. Court of Appeals for the Federal Circuit issued a 30-page decision declaring that Administrative Patent Judges (“APJs”) at the Patent Trial and Appeal Board (“PTAB”) are “principal officers” as the Patent Act (Title 35) has […]