United for Patent Reform joined the App Association (ACT), the Internet Association (IA), the National Retail Federation (NRF), and the Software & Information Industry Association (SIIA) in filing an amicus brief in the Supreme Court case United States v. Arthrex. At issue is whether the administrative patent judges (APJs) who preside over inter partes review (IPR) proceedings as members of the Patent Trial and Appeal Board (PTAB) are “inferior” or “principal” executive officers and the practical effects of that distinction. The organizations argue that IPR’s had the intended effect of increased accuracy and efficiency in the patent system; text, purpose, and structure of IPR regime underscore why APJs are “inferior;” even if APJs are “principal,” federal circuit’s severability analysis most faithful to Congress. Read the full text of the brief:
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