PTAB Committee Tackles Arthrex Oral Argument

In the next monthly meeting of the NYIPLA PTAB Committee, to be held on March 2, 2021 at 4:00 p.m. ET, we will be discussing the oral argument from the day prior in Arthrex v. Smith & Nephew. (CLE credit will be offered).
 
Arthrex v. Smith & Nephew: As advocated by amicus curiae Askeladden LLC (represented by co-Chair Charley Macedo and Member Chandler Sturm from Amster, Rothstein & Ebenstein LLP) and NYIPLA, the Supreme Court only accepted the threshold questions as to whether PTAB APJs were principal or inferior officers for purposes of the Appointment Clause of the U.S. Constitution, and if so, did the “fix” work.  
 
We will begin our session with a presentation including a brief refresher of the Arthrex case prior to oral arguments and discuss what the parties argued during the oral argument held on March 1, 2021.
 
Member Chandler Sturm will be helping prepare this presentation.
 
We will then open up the discussion to the committee to share their thoughts and opinions on these important issues.
    

CLE MATERIALS

• Evaluation Form (1 Page)
• PTAB Presentation (31 Pages)