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APJs Safe . . . For Now, Intellectual Property Magazine

March 2020

Morgan Lewis partner Dion Bregman and associates Lindsey Shinn, W. Scott Tester, and Julie Goldemberg examine Arthrex, Inc v Smith & Nephew, Inc in this article for Intellectual Property Magazine. The US Court of Appeals for the Federal Circuit weighed several factors in determining whether administrative patent judges (APJs) were principal or inferior officers, ultimately severing the portion of the America Invents Act that provided removal protection and holding that as inferior officers, APJs can continue presiding over inter partes reviews.

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