'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.

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Federal Circuit finds PTAB judges were appointed in violation of the constitution

A Halloween court ruling that Patent Trial and Appeal Board (PTAB) judges were not constitutionally appointed appeared to be a boon for patent owners, giving them a new opening to challenge PTAB decisions. But attorneys quickly learned that this option is available in a limited number of cases.

In its Oct. 31 decision in Arthrex Inc. v. Smith & Nephew Inc., the US Court of Appeals for the Federal Circuit agreed with Arthrex that the...

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