Whether administrative patent judges are principal officers under the Appointments Clause

QUESTIONS PRESENTED 1. Whether, for purposes of the Appointments Clause, U.S. Const. Art. IT, § 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. 2. Whether the court of appeals erred by adjudicating an Appointments Clause challenge brought by a litigant that had not presented the challenge to the agency. (I)