ARE PTAB Alert: With Consent of All Parties, U.S. Government Seeks Stay of Mandate In Arthrex For 90 Days or Until Resolution of Petitions for Certiorari to the Supreme Court

As we previously reported on October 31, 2019, a three-judge panel of the U.S. Court Appeals for the Federal Circuit found that Administrative Patent Judges (“APJs”) for the Patent Trial and Appeals Board (“PTAB”) were “principal officers” of the U.S. and thus appointed in violation of the Appointment Clause of the U.S. Constitution, U.S. Const., […]