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ARTICLE · 27 NOVEMBER 2019

Notes From House Judiciary Subcommittee Hearing On Arthrex

Jones Day
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On Tuesday, the House Judiciary Committee's Subcommittee on Courts, Intellectual Property, and the Internet conducted a hearing to discuss recent court decisions, namely the Federal Circuit's ...

United StatesIntellectual Property
Matthew Johnson
Matthew Johnson
Marlee Hartenstein
Marlee Hartenstein
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On Tuesday, the House Judiciary Committee's Subcommittee on Courts, Intellectual Property, and the Internet conducted a hearing to discuss recent court decisions, namely the Federal Circuit's decision in Arthrex. Previously discussed here, the Federal Circuit in Arthrex held the appointment of Administrative Patent Judges (APJs) was an unconstitutional violation of the Appointments Clause, and severed a portion of the Patent Act regarding removal restrictions to cure the unconstitutionality.

Witnesses at the hearing were John F. Duffy (University of Virginia School of Law Professor), Robert A. Armitage (IP Strategy & Policy Consultant), John M. Whealan (George Washington University Law School Professor), and Arti K. Rai (Duke University School of Law Professor). Among the topics discussed were the adequacy of the Federal Circuit's remedy in Arthrex, alternate avenues to rectify the Appointments Clause issue, and the overall functioning of the PTAB.

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