On Monday, the justices ruled 5-4 that the “unreviewable authority” of administrative patent judges meant those APJs were appointed in violation of the Constitution’s appointments clause.
The Supreme Court ruled Monday that more than 200 administrative patent judges in the U.S. Patent and Trademark Office must be subject to greater supervision by the agency director in order to comply with the Constitution’s appointments clause.
On Monday, the justices heard 90 minutes of argument in United States v. Arthrex, Inc. and two consolidated cases about whether hundreds of administrative patent judges of the U.S. Patent and Trademark Office are “principal officers” of the United States.
The justices continue their light load for the February argument session next week.