In United States v. Arthrex Inc., the U.S. Supreme Court agreed with the Federal Circuit that the pre-Arthrex Patent Trial and Appeal Board (PTAB) regime of Administrative Patent Judge decisions being insulated from executive review is incompatible with the Appointments Clause of the Constitution and therefore unenforceable as written. But the Court diverged from the Federal Circuit on the rationale for this constitutional violation and the appropriate remedy to save it.
