Micron Technology, Inc. v. North Star Innovations, Inc.
Patent Trademark Privacy
1. Whether, for purposes of the Appointments
Clause, U.S. Const. art. II, § 2, cl. 2, administrative
patent judges of the U.S. Patent and Trademark Office are principal officers who must be appointed by
the President with the Senate's advice and consent, or
"inferior Officers" whose appointment Congress has
permissibly appointed in a department head.
2. Whether the court of appeals erred by allowing
a patent owner that did not present an Appointments
Clause challenge to the agency, and that acquiesced
in the appointment of the same administrative patent
judges in a related matter, to nonetheless present
such challenges on appeal.
Whether administrative patent judges are principal or inferior officers under the Appointments Clause