Pink Sheet is part of Informa PLC

This site is operated by a business or businesses owned by Informa PLC and all copyright resides with them. Informa PLC’s registered office is 5 Howick Place, London SW1P 1WG. Registered in England and Wales. Number 8860726.

This copy is for your personal, non-commercial use. For high-quality copies or electronic reprints for distribution to colleagues or customers, please call +44 (0) 20 3377 3183

Printed By

UsernamePublicRestriction

Supreme Court May Find Patent Board Judges Unconstitutionally Appointed But Favor Narrow Fix

Executive Summary

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.

You may also be interested in...



US Supreme Court Gives PTO Director Chance To Impact Outcome Of Patent Disputes

High court finds PTAB judges were unconstitutionally appointed; ruling is unlikely to benefit one party over another in inter partes review proceedings, attorneys say, but that could depend on the director. PTO is expected to provide guidance on how and when to request review of Patent Trial and Appeal Board decisions.

Supreme Court To Decide Constitutionality Of Patent Trial and Appeal Board Judges

US high court agrees to hear case that could impact hundreds of patent decisions by PTAB; damage caused by continuing uncertainty ‘cannot be overstated,’ New York IP law association says.

Patent Judges Could Get Congressional Fix After Federal Circuit Ruling

Legal experts testify that best option is for all decisions of the Patent Trial and Appeal Board to be reviewed by PTO director; House IP subcommittee wants to restrict ruling that PTAB judges were not constitutionally appointed.

Related Content

Topics

Related Companies

UsernamePublicRestriction

Register

PS143869

Ask The Analyst

Ask the Analyst is free for subscribers.  Submit your question and one of our analysts will be in touch.

Your question has been successfully sent to the email address below and we will get back as soon as possible. my@email.address.

All fields are required.

Please make sure all fields are completed.

Please make sure you have filled out all fields

Please make sure you have filled out all fields

Please enter a valid e-mail address

Please enter a valid Phone Number

Ask your question to our analysts

Cancel