The U.S. Supreme Court will hear oral argument in United States v. Arthrex Inc. on March 1, 2021. This case is an important one for the office of patent judges. At issue in the case is whether, for purposes of the appointments clause, administrative patent judges of the U.S. Patent and Trademark Office (USPTO) are principal officers, requiring presidential appointment and Senate confirmation, or are “inferior officers.” Also at issue is whether if they are principal officers, the lower court properly cured any appointments-clause defects in the current statutory scheme.
Profs. Greg Dolin and Dmitry Karshtedt join us review oral arguments, discuss the case, and offer their divergent views on the merits in a discussion moderated by Prof. Kristen Osenga.
- Prof. Gregory Dolin, Associate Professor of Law and Co-Director, Center for Medicine and Law, University of Baltimore School of Law
- Prof. Dmitry Karshtedt, Associate Professor of Law, The George Washington Law School
- Moderator: Prof. Kristen Osenga, Austin E. Owen Research Scholar & Professor of Law, The University of Richmond School of Law