By Kevin E. Noonan — Arthrex recently filed a(nother) certiorari petition with the Supreme Court, this time in Arthrex, Inc. v. Smith & Nephew, Inc., which has also been the subject of petitions from the U.S. government and Smith & Nephew. (This is the later-decided case between the parties, and has as its hallmark the Federal Circuit’s decision that Administrative Patent Judges (APJs) at the Patent Trial and Appeal Board, or PTAB, were improperly appointed under the Appointments Clause because they are principal officers requiring Presidential appointment and Senate approval). The Questions Presented are: 1. Whether the court of appeals’…
