Patent Holder Challenges PTAB Decision's Constitutionality

Law360 (July 12, 2018, 11:26 PM EDT) -- Polaris Innovations Ltd., a subsidiary of major patent licensing firm WiLAN, urged the Federal Circuit on Wednesday to reverse a decision by the Patent Trial and Appeal Board that found all 17 challenged claims of a patent are unpatentable, arguing that the way PTAB judges are appointed is unconstitutional. 

In an appeal filed Tuesday, Polaris said a PTAB decision that sided with Kingston Technology Corp. in finding Polaris' computer memory patents were unpatentable violated the U.S. Constitution and used an unreasonably broad interpretation of the claims in the patent.

In January, the PTAB panel issued its decision cancelling Polaris' claims in a case...

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