Surgical Supplies Firm To High Court: PTAB Judges Are Principal Officers

Mealey's (February 26, 2021, 11:16 AM EST) -- WASHINGTON, D.C. — With March 1 oral arguments fast approaching, a surgical supplies manufacturer tells the U.S. Supreme Court in its Feb. 19 reply brief that the administrative patent judges (APJs) of the Patent Trial and Appeal Board (PTAB) of the U.S. Patent and Trademark Office (PTO) qualify as principal officers under the appointments clause of the U.S. Constitution and, as such, the rulings in three underlying patent infringement cases should be vacated and remanded to be heard by properly appointed judges....