Alacritech, Inc. v. Intel Corporation

19-1444, 19-1445, 19-1466
Per Curiam

Question(s) Presented

Questions Presented by Alacritech: “[W]hether the Arthrex panel erred in severing the removal provisions necessary to sustain PTAB judges’ independent and impartiality, instead of striking down the entire statute.”

Questions Presented by Intel: 1. “Whether the case should be allowed to proceed on the merits when no party is requesting remand based on Arthrex, Inc. v. Smith & Nephew, Inc., 941 F.3d 1320 (Fed. Cir. 2019).” 2. “Whether litigants who failed to raise an Appointments Clause challenge before the Patent Trial and Appeal Board (‘PTAB’ or ‘Board’) should be permitted to raise such a challenge on appeal when there is no need for timely resolution or remedial action.” 3. “If administrative patent judges (‘APJs’) are principal officers, what remedy is warranted for this and similarly-situated cases.” 4. “Whether APJs of the PTAB are inferior or principal officers of the United States under the Appointments Clause.”

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