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Email On March 23, 2020, the Federal Circuit denied the petitions for rehearing en banc filed in Arthrex v. Smith & Nephew, a decision which found the appointment of Administrative Patent Judges (“APJs”) unconstitutional under the Appointments Clause of the U.S. Constitution, and which severed their employment protections to cure the violation. This denial of en banc review follows a similar denial on January 31, 2020, for en banc review of Polaris v. Kingston another case dealing with the same constitutional questions concerning APJs and the remedy of severance. https://www.cadwalader.com/resources/clients-friends-memos/en-banc-federal-circuit-declines-to-address-the-constitutionality-of-administrative-patent-judges-and-the-constitutional-remedy-of-severance-potentially-setting-up-supreme-court-review