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United States V Young, 347 F Supp 3d 747Casetext Form

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United States V Young, 347 F Supp 3d 747Casetext Form

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The Arthrex case is a fascinating case that lies at the intersection of technology policy on the one hand and separation of powers questions on the other hand. It seems to address the question whether the Administrative Patent Judges who staff the Patent Trial and Appeals Board are inferior officers or principal officers pursuant to the appointments clause of the Constitution, which sets forth different requirements for appointing those two types of officers. Arthrex owns a patent which is directed to a knotless suture securing assembly. And one of its competitors, Smith+Nephew filed a petition requesting what's known as inter partes review, before the PTAB of some of the claims within that patent. The appointments clause is a provision within Article II of the Constitution. And it authorizes certain officers who are known as principal officers to be appointed to their positions by the president and with the advice and consent of the Senate. It also spells out that other office

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