ARTHREX, INC. v. SMITH & NEPHEW, INC.

ARTHREX, INC. v. SMITH & NEPHEW, INC., Appeal No. 2018-2140 (Fed. Cir. October 31, 2019).  Before Moore, Reyna, and Chen.  Appealed from Patent Trial and Appeal Board. (Appointments Clause)

Background:

Smith & Nephew (S&N) filed an Inter Partes Review (IPR) petition challenging the validity of Arthrex’s patent.  The PTAB (Board) issued a decision holding a number of claims in the patent as anticipated.  Arthrex appealed to the Federal Circuit, contending that the appointment of the Board’s APJs, as currently set forth in Title 35, violates the Appointments Clause of the U.S. Constitution, art. II, § 2, cl. 2.

Issue/Holding:

Was the appointment of the Board’s APJs in violation of the Appointments Clause of the U.S. Constitution, rendering its decision invalid?  (continue reading)

Summary by:  Harris Pitlick

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