Federal Circuit: Patent Board Structure Violates Appointments Clause

Mealey's (November 5, 2019, 11:11 AM EST) -- WASHINGTON, D.C. — In an Oct. 31 holding, the Federal Circuit U.S. Court of Appeals found that the appointment by the secretary of Commerce of administrative patent judges (APJs) to the Patent Trial and Appeal Board is a violation of the appointments clause of the U.S. Constitution (Arthrex Inc. v. Smith & Nephew Inc., et al., No. 18-2140, Fed. Cir., 2019 U.S. App. LEXIS 32613)....