Commentary from Morgan Lewis partner William Peterson was featured in a World IP Review article following the first oral arguments heard by the US Supreme Court in The United States v Arthrex. The key question the justices will determine is whether the appointment of the administrative patent judges of the Patent Trial and Appeal Board was unconstitutional. “One possibility—suggested by several justices—would be to hold that the Constitution requires the director of the USPTO to have the authority to engage in unilateral review of inter partes review decisions,” William said in his comments. “Because such review would be discretionary, it might have a relatively minimal effect on the current operations of the system.”