At the urging of the New York Intellectual Property Law Association (NYIPLA) -
see our brief here - the U.S. Supreme Court has agreed to hear on March 1, 2021 whether PTAB APJs were “inferior” officers properly appointed under the Appointment’s Clause of the U.S. Constitution, and if not, whether the “fix” by the Federal Circuit worked.
NYIPLA is putting together a blue-ribbon panel of amicus curiae and thought leaders on this issue to present a summary of the arguments submitted in the briefing on February 25 at 4pm. This will be a great primer before the oral argument.
Charley Macedo, co-chair of the PTAB Committee and David Goldberg, co-chair of the Amicus Briefs Committee,
will be leading the discussion, which will include video presentations by various stakeholders on their respective positions.
Charley served as lead counsel to the NYIPLA on this matter.