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ARTICLE · 09 JULY 2020

PTAB Appointments Clause Debate: SCOTUS Preview

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On June 25th, the federal government filed a petition for certiorari asking the Supreme Court to review the CAFC's decisions in both Arthrex, Inc. v. Smith & Nephew, Inc., and Polaris Innovations Ltd. v. Kingston Tech. Co., Inc.

United StatesIntellectual Property
Scott A. McKeown
Scott A. McKeown
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Federal Government Seeks Cert on Appointments Clause & Forfeiture Issues

On June 25th, the federal government filed a petition ( here) for certiorari asking the Supreme Court to review the CAFC's decisions in both Arthrex, Inc. v. Smith & Nephew, Inc., No. 2018-2140 (Fed. Cir. Oct. 31, 2019) and Polaris Innovations Ltd. v. Kingston Tech. Co., Inc., No. 2018-1831 (Fed. Cir. Jan. 31, 2020). This petition comes as no surprise after the CAFC's fractured denial of an en banc Arthrex rehearing.

The Court has had occasion to consider Appointments Clause issues several times in recent years, most notably in Lucia v. SEC (2018), and again touching upon the issue last week in Seila Law LLC v. CFPB.

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