Review of APJ Appointments to Be Considered by SCOTUS
Back in November of 2019 the House Judiciary Committee conducted a hearing entitled “The Patent Trial and Appeal Board and the Appointments Clause: Implications of Recent Court Decisions.” The hearing explored whether or not the Federal Circuit solution pronounced in Arthrex was effective to cure the Appointments Clause defect. While there was some debate over whether the “fix” would hold, all of the witnesses were unanimous in that Congress, could, and should, fix the issue in the short term.
Today, Arthrex was granted cert. I expect that Congress will now turn back to their earlier discussed legislative fix. Continue Reading Arthrex Cert Likely to Spur Previously Discussed Legislative Fix