ARE PTAB Alert: SCOTUS Holds Appointment of PTAB APJs Unconstitutional But Remedies Situation by Giving Director More Control

On June 21, 2021, in United States v. Arthrex, Inc., Chief Justice Roberts writing the opinion for the U.S. Supreme Court confirmed that although the “unreviewable authority wielded by [Administrative Patent Judges (“APJs”)] during inter partes review is incompatible with their appointment by the Secretary of Commerce to an inferior office” giving the Director of […]