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Expert Analysis - Opinion

High Court Should Review Arthrex Case

By Charles Macedo, David Goldberg and Chandler Sturm ( August 5, 2020, 4:44 PM EDT) -- On Oct. 31, 2019, in Arthrex Inc. v. Smith & Nephew Inc.,[1] a three-judge panel of the U.S. Court of Appeals for the Federal Circuit took the remarkable step of declaring that the Patent Act as currently constructed renders administrative patent judges principal officers who were appointed in violation of the appointments clause[2] of the U.S. Constitution.[3]...

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