Parties, Government Ask High Court To Hear USPTO Judge Appointments Clause Case

(September 3, 2020, 3:10 PM EDT) -- WASHINGTON, D.C. — The U.S. government and the companies involved in two underlying patent infringement cases have briefed the U.S. Supreme Court on questions presented in four related petitions for certiorari pertaining to 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, U.S. Sup.; Smith & Nephew Inc., et al. v. Arthrex Inc., et al., No. 19-1452, U.S. Sup.; Arthrex Inc., et al. v. Smith & Nephew Inc., et al., No. 19-1458, U.S. Sup.; Polaris Innovations Limited v. Kingston Technology Company Inc., et al., No. 19-1459, U.S. Sup.)....