By Kevin E. Noonan — The Supreme Court heard argument on Monday in U.S. v. Arthrex, involving the question of whether appointment of Administrative Patent Judges (APJs) and their authority under the Leahy-Smith America Invents Act violates the Appointments Clause of the Constitution. Both the Government and Smith & Nephew, who lost this argument below, opposed Arthrex in this regard. At argument, the U.S. Government was represented by Malcolm l. Stewart, Deputy Solicitor General, Department of Justice; Smith & Nephew was represented by Mark A. Perry; and Arthrex was represented by Jeffrey A. Lamken. The Government argued first; in what…
