Constitutional Principals: Administrative Adjudication and Arthrex

The Supreme Court will hear argument in United States v. Arthrex, Inc. on March 1, 2021. The issue before the Court is the application of the Appointments Clause to judges of the Patent Trial and Appeals Board, a tribunal established by Congress in 2012 within the U.S. Patent and Trademark Office. The decision below by the Court of Appeals for the Federal Circuit held that administrative patent judges were principal officers under the Constitution. The Arthrex case focuses on the proper construction of the Appointments Clause and, more broadly, the proper role of administrative adjudication. Distinguished commentators on this program include a Federal Circuit judge and renowned academics whose scholarship has focused on the key patent, administrative, and constitutional issues. Please register here: http://bit.ly/3sk2dsq. Sponsored by The Center for Innovation Policy at Duke Law and the Duke Law Program in Public Law. Contact: Balfour Smith (bsmith@law.duke.edu) or Kelli Raker (kelli.raker@law.duke.edu). More at http://bit.ly/2XFtYxB.