In the wake of Arthrex’s initial merits brief, amicus briefs in support of Arthrex’s position were filed December 29th and 30th. In the Arthrex cases (docketed as 19-1434), the parties have persuaded the Supreme Court to review a decision by the Federal Circuit holding that administrative patent judges (APJs) are principal officers and that their appointments violate the Appointments Clause of the Constitution. Previous articles on the PTAB Trial Insights blog have discussed the initial briefs from Smith & Nephew and the United States, and from Arthrex. Unlike the 19 amicus briefs filed in support of Smith & Nephew and the United States (or in support of no party), which contained a wide array of arguments and positions, most of the 12 briefs filed in support of Arthrex adhered to Athrex’s position in the case.

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