McKool Smith principal Scott Hejny provided commentary for the Intellectual Property Magazine article, “Arthrex Finds That APJs Are Unconstitutionally Appointed.” The Supreme Court of the US (SCOTUS)’s fragmented decision held that “the appointment of administrative patent judges (APJ) at the US Patent Trial and Appeal Board (PTAB) violates the US Constitution’s appointments clause.” Scott commented, “political influence will now play more of a role in the USPTO because the director is appointed by the president, and his or her beliefs regarding the patent system will inevitably be embodied in the ultimate decisions made by the director.” Read the article here.


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