ARE PTAB Alert: In Split Decision, the Federal Circuit Denied Rehearing En Banc in Arthrex v. Smith & Nephew Inc. on the Constitutionality of How PTAB APJs Are Appointed

In Arthrex, Inc. v. Smith & Nephew, Inc., 941 F.3d 1320 (Fed. Cir. 2019) (Arthrex Panel Decision), a three-judge panel of the Federal Circuit, in an opinion authored by Judge Moore, took the extraordinary step of holding that Administrative Patent Judges (APJs) of the Patent Trial and Appeals Board (PTAB) were principal offers of the U.S. but […]