House Judiciary Told Legislative Fix To Arthrex Defect Is Necessary

Unanimous Support for Legislative Fix

Today, the House Judiciary Committee conducted a hearing entitled "The Patent Trial and Appeal Board and the Appointments Clause: Implications of Recent Court Decisions." The hearing explored whether or not the current Federal Circuit solution was effective in curing the Appointments Clause defect, while there was some debate over whether the "fix" would hold, all of today's witnesses were unanimous in that Congress, could, and should, fix the issue in the short term.

The  witnesses in today's hearing were:

John F. Duffy  – Samuel H. McCoy II Professor of Law, University of Virginia School of Law ( testimony here)
Robert A. Armitage – Consultant, IP Strategy & Policy ( testimony here)