Federal Circuit Extends Arthrex to Patent Prosecution By James Lovsin and Alexa Giralamo* — This week, the Federal Circuit extended its holding in Arthrex, Inc. v. Smith & Nephew, Inc., that administrative patent judges (“APJs”) were improperly appointed in violation of the Appointments Clause, to ex parte proceedings in In re Boloro Global Limited. Under Article II, Section 2, Clause 2 of the Constitution, Congress has the authority to vest power in the President or in the Heads of Departments to appoint inferior officers, but must retain its power for principal officers. The Supreme Court considers certain hallmark factors of…
