1. “Whether severance of the tenure protections for Administrative Patent Judges (‘APJs’) was unavailable to the Arthrex court to remedy the violation of the Appointments Clause by the IPR statute, 35 U.S.C. § 311 et seq, because Congress would have maintained such protection for APJs.” 2. “Whether the Arthrex decision’s removal of APJ tenure protections is insufficient to cure the violation of the Appointments Clause by the IPR statute.”
