Abstract
The Supreme Court recently granted certiorari in United States v. Arthrex. In that case, the Court of Appeals for the Federal Circuit held that administrative patent judges are principal officers of the United States under the Appointments Clause, and therefore must be appointed by the President and confirmed by the Senate. This note provides a critique of the Federal Circuit’s opinion in Arthrex by arguing that the Federal Circuit misunderstood the substance of the three-part test articulated by the Supreme Court in Edmond v. United States.
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