This program will explore the Federal Circuits recent decision in Arthrex, Inc. v. Smith & Nephew, which held that the current statutory structure for appointing Administrative Patent Judges (APJs) to the PTAB violates the Appointments Clause of the U.S. Constitution. The program will begin with a review of the Appointments Clause, and the appointment and authority of APJs under the AIA. There will then be a discussion regarding the Federal Circuits analysis, as well as subsequent decisions in which the Federal Circuit has applied its holding in Arthrex, and what to expect going forward.