Polaris Innovations Ltd. v. Kingston Technology Co.

(1) Whether severance of the tenure protections for administrative patent judges was unavailable to the U.S. Court of Appeals for the Federal Circuit in Arthrex Inc. v. Smith & Nephew Inc. to remedy the violation of the Constitution's appointments clause by the inter partes review statute because Congress would have maintained such protection for APJs; and (2) whether the Arthrex decision"s removal of APJ tenure protections is insufficient to cure the violation of the appointments clause by the IPR statute.