Certiorari Granted In 3 Patent Cases Challenging Appointments Clause Ruling

Mealey's (October 13, 2020, 10:44 AM EDT) -- WASHINGTON, D.C. — In its Oct. 13 orders list, the U.S. Supreme Court announced that it will hear consolidated oral arguments in three cases involving the question of whether the appointment of administrative patent judges (APJs) to the Patent Trial and Appeal Board (PTAB) of the U.S. Patent and Trademark Office (USPTO) by the secretary of Commerce is a violation of the appointments clause of the U.S. Constitution (United States v. Arthrex Inc., et al., No. 19-1434; Smith & Nephew Inc., et al. v. Arthrex Inc., et al., No. 19-1452; Arthrex Inc., et al. v. Smith & Nephew Inc., et al., No. 19-1458, U.S. Sup.)....