Fractured Panel Won’t Rehear Appointments Clause Challenge

Mealey's (March 24, 2020, 10:41 AM EDT) -- WASHINGTON, D.C. — The Federal Circuit U.S. Court of Appeals on March 23 denied panel rehearing and rehearing en banc of a dispute over the constitutionality of the Patent Trial and Appeal Board administrative patent judges (APJs), in an order that spawned two concurrences and three dissents (Arthrex Inc. v. Smith & Nephew Inc., et al., No. 18-2140, Fed. Cir., 2020 U.S. App. LEXIS 9026)....