1. Whether Arthrex, Inc. v. Smith & Nephew, Inc., 941 F.3d 1320 (Fed. Cir. 2019) is a change in intervening law that, when raised, must be applied to cases pending on appeal at the time of the decision. 2. Whether this Court must enforce the Appointments Clause once a defect is raised, even where the parties fail to raise the issue in their opening briefs.