On Monday the Supreme Court heard arguments in the Arthrex case (Nos. 19-1434; -1452; -1458) (click link for transcript) regarding whether PTAB judges are principal officers, who must be appointed by the president and confirmed, or whether they are inferior officers who can be appointed by department heads.  The Federal Circuit found the PTAB judges to be inferior officers, who were subject to insufficient oversight.  The Federal Circuit remedied that insufficient oversight by severing certain statutory job protections and remanded cases which had received Final Written Decisions prior to October 31, 2019.

We will continue to report in detail on the arguments and further developments in the case.

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Matt Johnson is one of the Firm's primary contacts on practice before the PTAB. Matt consults on nearly every one of Jones Day's nearly 400 PTAB cases to date. He currently serves as co-chair of Jones Day's PTAB practice.