'Super Dramatic' Ruling On PTAB Judges' Unconstitutional Status Will Have 'Limited Fallout'
Patent owners can challenge US Patent and Trial and Appeal Board's decisions on grounds the judges were not constitutionally appointed in a narrow number of cases, but they may have difficulty winning a different outcome.
You may also be interested in...
During oral argument in the Arthrex case, several justices seemed to agree with the Federal Circuit that PTAB judges should have been appointed by the president. They could opt to get around the problem by enabling the PTO director to review all panel decisions.
A challenge to the US patent appeals system taken up by the Supreme Court could create a crisis for medtech companies with patents under review, attorneys tell Medtech Insight.
Sanofi seeks to delay decision clearing path for Mylan's Lantus biosimilar; says it should be able to get rehearing based on Federal Circuit's ruling that PTAB judges were not constitutionally appointed.