UNITED STATES, Petitioner (No. 19-1434) v. ARTHREX, INC., et al., 594 U.S. 1

Summary

HOLDINGS: [1]-The Patent Trial and Appeal Board (PTAB), which decided whether an invention met patentability standards on review from primary examiners' decisions, was inconsistent with the Appointments Clause, U.S. Const. art. II, § 2, cl. 2, because administrative patent judges (APJs) wielded unreviewable authority during inter partes review; [2]-Only a properly appointed officer could issue a final decision binding the Executive Branch, and APJs had the power to render a final decision on behalf of the U.S. without review by their nominal superior or any other principal officer of the Executive Branch; [3]-Under the Appointments Clause, the exercise of executive power by inferior officers had to be subjected to the direction and supervision of an officer nominated by the President and confirmed by the Senate.