The Appointment Clause and the Power of Administrative Patent Judges
In 2011, Congress enacted the Leah-Smith American Invents Act, which created proceedings called inter partes review permitting reexamination of already issued patents based on novelty and obviousness.[1] The proceedings are conducted by the Patent Trial and Appeal Board, an executive adjudicatory body that is part of the Patent and Trademark Office. In Arthrex v. Smith … Continued
