What You Should Know About the Supreme Court's Decision in Arthrex

The US Supreme Court held in United States v. Arthrex that administrative patent judges’ ability to render final decisions on patentability on behalf of the Executive Branch is “incompatible with their status as inferior officers.” “Only an officer properly appointed to a principal office,” the Court held, “may issue a final decision binding the Executive Branch.” As a remedy for the constitutional violation, the Court held that “[d]ecisions by APJs must be subject to review by the Director” and...
By: Sterne, Kessler, Goldstein & Fox P.L.L.C.

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