'Arthrex': Do PTAB Judges Require Presidential Appointment?

In his Patent and Trademark Law column, Rob Maier discusses Arthrex v. Smith & Nephew, where Arthrex which challenged whether the appointment of administrative patent judges by the Secretary of Commerce violates the Appointments Clause and is therefore unconstitutional.

November 24, 2020 at 11:26 AM

8 minute read

Rob Maier

Although patent infringement proceedings in the United States often begin as civil actions filed in federal district courts, many of these disputes are ultimately resolved elsewhere. Most commonly, these include administrative trials before the Patent Trial and Appeal Board (PTAB), the tribunal arm of the U.S. Patent and Trademark Office (USPTO).