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'Super Dramatic' Ruling On PTAB Judges' Unconstitutional Status Will Have 'Limited Fallout'

 
• By Brenda Sandburg

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

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