ESIP Series 2, LLC v. Puzhen Life USA, LLC
1. Whether Board decisions that are arbitrary
and capricious, exceed the Board's statutory
jurisdiction from the start, and are made by
administrative patent judges holding that
position in violation of the Appointments
Clause, which decisions are not reviewed by
any principal officer in the Executive Branch,
are also precluded from review by an Art. III
court.
2. Whether the Federal Circuit's ruling in ESIP
Series 2, LLC v. Puzhen Life USA, LLC, 958
F.3d 1378 (Fed. Cir. 2020) improperly extends
the scope of Thryv, Inc. v. Click-to-Call Techs.,
LP, 140 S.Ct. 1867 (2020).
Whether Board decisions that are arbitrary and capricious, exceed the Board's statutory jurisdiction from the start, and are made by administrative patent judges holding that position in violation of the Appointments Clause, which decisions are not reviewed by any principal officer in the Executive Branch, are also precluded from review by an Art. III court