View All

Constitutional Challenges

PTAB / Constitutional Challenges / Federal Circuit

Appointments of PTAB judges violate constitution

In Arthrex v. Smith & Nephew, a three-judge panel of the Federal Circuit found that the appointment of PTAB judges violates the Appointments Clause of the Constitution because they are principal officers that were not appointed by the President with the advice and consent of the Senate. The Appointments Clause of Article II provides: [The […]

Read More

©2022 Klarquist Sparkman, LLP. All Rights Reserved. | Privacy Notice | Privacy Policy | Site Map