`_______________
`
`Nos. 19-1434, 19-1452, 19-1458
`
`UNITED STATES, PETITIONER
`
`v.
`
`ARTHREX, ET AL.
`_______________
`
`ON WRIT OF CERTIORARI
`TO THE UNITED STATES COURT OF APPEALS
`FOR THE FEDERAL CIRCUIT
`_______________
`
`MOTION FOR LEAVE TO DISPENSE WITH
`PREPARATION OF A JOINT APPENDIX
`_______________
` Pursuant to Rule 26.8 of the Rules of this Court, the Acting
`
`Solicitor General, on behalf of the United States, respectfully
`seeks leave to dispense with the requirement of a joint appendix
`in this case. The questions presented are questions of law: (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 vested in a
`department head; and (2) whether, if administrative patent judges
`are principal officers, the court of appeals properly cured any
`Appointments Clause defect in the current statutory scheme
`prospectively by severing the application of 5 U.S.C. 7513(a) to
`those judges. The opinion of the court of appeals and relevant
`
`
`
`2
`decisions of the U.S. Patent and Trademark Office are included in
`the appendix to the government’s petition for a writ of certiorari.
`In our view, no other portion of the record merits special
`attention such as would warrant the preparation and expense of a
`joint appendix, and preparation of a joint appendix would not
`materially assist the Court’s consideration of the case. We are
`authorized to state that counsel for all other parties agree that
`a joint appendix is not necessary.
`
`Respectfully submitted.
`
`
`
`
`
`
`OCTOBER 2020
`
`JEFFREY B. WALL
` Acting Solicitor General
`
`Counsel of Record
`
`
`
`
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