1. “Whether this Court’s decision in Arthrex, Inc. v. Smith & Nephew, Inc., 941 F.3d 1320 (Fed. Cir. 2019), holding that the appointment of Administrative Patent Judges (‘APJs’) to the Patent Trial and Appeal Board (‘PTAB’ or ‘Board’) violated the Appointments Clause, U.S. Const., art. II, § 2, cl. 2, was a significant change in the law governing this appeal. 2. “Whether, in view of this Court’s decision in Arthrex, the Director’s delegation of institution authority to APJs acting as principal officers violates 35 U.S.C. § 314 and due process of law.”
