U.S. Supreme Court to hear Arthrex challenge to constitutionality of patent judges

The U.S. Supreme Court said today that it will review a 2019 appeals court ruling in a patent spat between Arthrex and Smith+Nephew (NYSE:SNN), in which the appeals court judges found that Patent Trial and Appeal Board judges are unconstitutionally appointed.

The 2019 ruling by the U.S. Federal Circuit Court of Appeals in Washington, D.C. could cause the rehearing of more than 100 technology disputes by the board, according to Reuters.

The patent judges have enough power that the appeals court said they needed to be appointed by the president and approved by U.S. Senate. For now, the appeals court sought to remedy the situation by saying that the patent board —  created by Congress in 2011 — should not only be appointed by the U.S. Secretary of Commerce but also be subject to removal by the secretary.

In appealing the decision to the U.S. Supreme Court, Arthrex described the ruling as “no remedy at all,” according to a recent Bloomberg report. Arthrex, Smith+Nephew and the U.S. government each requested a Supreme Court review.