Facebook Asks Fed. Circ. To Rethink PTAB Judges Ruling

Law360 (December 3, 2019, 6:23 PM EST) -- Facebook on Monday urged the Federal Circuit to reconsider its ruling that the structure of the Patent Trial and Appeal Board is unconstitutional, saying there are U.S. Supreme Court cases that undercut the core premise of the decision.

The social media giant said a three-judge panel for the Federal Circuit misapprehended Supreme Court precedent when it ruled in late October that the process for appointing PTAB judges violates the Constitution’s appointments clause.

The panel’s ruling, which came in a separate case involving Arthrex, found PTAB judges were being appointed as if they were “inferior officers” but were simultaneously being vested with...

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