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Expert Analysis

Fed. Circ.'s Arthrex Ruling: Unforeseen Consequences For IPR

By William Milliken, Michael Joffre and J.C. Rozendaal ( November 14, 2019, 1:15 PM EST) -- In Arthrex Inc. v. Smith & Nephew Inc., a panel of the U.S. Court of Appeals for the Federal Circuit unanimously held that the appointment scheme for the Patent Trial and Appeal Board's administrative patent judges is unconstitutional under the appointments clause of the U.S. Constitution....

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