‘Anthrex v. Smith & Nephew’: Are PTAB APJs Constitutionally Appointed?

On Oct. 31, 2019, the U.S. Court of Appeals for the Federal Circuit issued a shocking decision in which a three-judge panel found that administrative patent judges for the Patent Trial and Appeal Boards were appointed in violation of the Appointments Clause of the U.S. Constitution. This article discusses the decision and issues that still need to be resolved.