Life After Arthrex

This paper analyzes United States v. Arthrex, in which the Supreme Court found PTAB judges (sometimes dubbed as the “patent death squad”) unconstitutionally appointed in violation of the Appointments Clause, along with its broader political and congressional impact ex ante. In particular, the paper focuses on Arthrex’s actual and practical aftermath ex post in the three months since its issuance, including an analysis of the 120 pending appeals at the Federal Circuit with a similar Appointments Clause challenge and the Acting USPTO Director’s 19 director review denials