Orders Stave Off Further Remands....For Now
During
last week's argument in Polaris, appellant argued
that the Court's fix to the PTAB's Appointments Clause
problem was insufficient. According to appellant,
"reviewability" is the touchstone of recent Appointments
Clause precedent, and that as the proposed fix did not address the
lack of reviewability over APJ decisions (because the Federal
Circuit could not), it was up to Congress to fix. During that same
hearing, the Court contemplated additional briefing on this topic,
which it recently solicited from the parties.
In the meantime, learning from its
mistake in its recent Uniloc remand, the Federal Circuit is now
allowing time for the government to intervene in parties seeking
remand after Arthrex (
here) and (
here).
