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Original air date:  11/13/19. RAPID RESPONSE: The Impact of the Arthrex Decision: What You Need to Know
On October 31, 2019, the Federal Circuit issued a decision in Arthrex, Inc. v. Smith & Nephew, Inc., Appeal No. 2018-2140 (Fed. Cir. Oct. 31, 2019), holding that Administrative Patent Judges are not constitutionally appointed
under the Appointments Clause. The court vacated and remanded the proceeding, but concluded that severing the portion of the Patent Act restricting removal of the APJs is sufficient to render the APJs inferior officers and remedy the constitutional appointment problem. A link to the decision follows: http://www.cafc.uscourts.gov/sites/default/files/opinions-orders/18-2140.Opinion.10-31-2019.pdf
This case presents numerous questions for our practices.  AIPLA presents a panel of experts to discuss the Arthrex decision and its impact. Please join us for an informative and engaging discussion.  
Presented by: John Dragseth of Fish & Richardson; John Whealan of George Washington University Law School, Teresa Rea of Crowell Moring LLP; and moderated by James Crowne former AIPLA Deputy Executive Director for Legal Affairs