Cert Petitions Pursue Takings Clause Argument
Last week, Arthrex filed a petition for certiorari challenging the holding of the Federal Circuit that its Appointments Clause challenge was forfeited. (a companion case to the one that has received all of the notoriety). In its first petition for certiorari, Arthrex also pursues a different constitutional issue based on the Takings Clause of the Fifth Amendment, like other recent filers.
I expect this argument to soon be added to the list of failed constitutional challenges to the PTAB.