1. “Whether the appointment of Administrative Patent Judges (APJs) to the Patent Trial and Appeal Board (PTAB) violates the Appointments Clause of the U.S. Constitution, U.S. Const., Art 2, ยง 2, cl. 2, as the panel in Arthrex, Inc. v. Smith & Nephew, Inc., 941 F.3d 1320 (Fed. Cir. 2019) concluded;” and 2. “If the answer to question (1) is ‘yes,’ what appropriate judicial remedy, if any, can be fashioned to ameliorate the constitutional violation?”
