On 1 March 2021 the Supreme Court heard oral arguments in
United States v Arthrex (19–1434). This case addresses whether administrative patent judges (APJs) – who preside over
inter partes reviews at the United States Patent and Trademark Office (USPTO) – are unconstitutionally appointed principal officers and, if so, whether that constitutional violation can be cured by severing for cause employment protections for APJs.
If the Supreme Court in
Arthrex concludes that APJs are unconstitutionally appointed principal officers, the remedy that the court adopts or recommends could reshape practice and procedure for
inter partes reviews and other USPTO proceedings.
Facts
Arthrex came to the Supreme Court from a 31 October 2019 Federal Circuit decision –