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United States v. Arthrex, Inc.

No. 19-1434 SCOTUS · Decided Decided SCOTUS
Cert Granted: Oct 13, 2020 Argued: Mar 1, 2021 Decided: Jun 21, 2021

Case Overview

The Supreme Court confronted whether the Patent Trial and Appeal Board's Administrative Patent Judges, appointed by the Secretary of Commerce without Senate confirmation, exercise such significant authority that they must be principal officers under the Appointments Clause, and if so, whether the constitutional remedy is to sever the for-cause removal restriction rather than invalidate the entire inter partes review system.


The Facts

Arthrex, Inc. was sued by Smith & Nephew for patent infringement. In inter partes review before the PTAB, the Administrative Patent Judges who decided the case were appointed by the Secretary of Commerce without Senate confirmation, and their decisions were not reviewable by an Article II officer of the United States. Arthrex challenged this structure as a violation of the Appointments Clause, arguing APJs exercise the authority of principal officers who must be confirmed by the Senate.

The Application

History

The Appointments Clause violation arose from the APJs' constitutional insulation: appointed without Senate confirmation and shielded from review by any principal officer, they exercised significant decisional authority that the Edmond standard reserves for principal officers only. Severing the statutory restriction on the Director's review authority remedied this defect by making the PTO Director, a Senate-confirmed principal officer, the supervisor with final authority over APJ decisions. This surgical intervention transformed APJs into inferior officers subordinate to executive oversight, preserving inter partes review while satisfying Article II's accountability requirements.

The Conclusion

Decided June 21, 2021. The Court held 5-4 that APJs were unconstitutionally insulated from executive review, but the majority remedied the defect by severing the restriction that barred the Director from unilaterally reviewing APJ decisions, making APJs inferior officers who report to a principal officer. The inter partes review system was preserved.

CourtSupreme Court of the United States
Filed -
Judge -
CL StatusActive
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Cert GrantedOct 13, 2020
StatusActive
Filed (CL) -
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SCOTUS TMR-c3da5532 Jul 13, 2026
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