Charles R. Macedo, David Goldberg and Chandler Sturm Co-Author IP Watchdog Article on Askeladden Brief Asks SCOTUS to Grant U.S. Government's Petition to Reconsider Whether PTAB APJs Are Principal Officers Under the Appointments Clause
IPWatchdog
On July 29, Askeladden LLC filed an amicus brief in support of the U.S. Government’s combined petition for a writ of certiorari in U.S. v. Arthrex, Inc., No. 19-1434.
As
the article notes, Askeladden asks the Supreme Court to accept the petition and address the threshold question raised by the U.S. Government: whether, for purposes of the Appointments Clause, U.S. Const. art. II, § 2, Cl. 2, administrative patent judges (APJs) of the Patent Trial and Appeals Board (PTAB) of the U.S. Patent and Trademark Office (USPTO) are “principal officers” who must be appointed by the President with the Senate’s advice and consent, or “inferior officers” whose appointment Congress has permissibly vested in a department head.
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