PTAB Judges Demoted by the Federal Circuit in Arthrex v. Smith:  A New Challenge to the Constitutionality of PTAB Proceedings 

By Dr. Jayashree Mitra and Brian Beck PTAB Judges are Unconstitutionally Appointed Principal Officers In a unanimous decision last week, the Federal Circuit found that the administrative patent judges (APJs) at the Patent Trial and Appeal Board (PTAB) are principal officers of the United States, and thus that their appointment by the Secretary of Commerce violates the Appointments…