Justices Told Congress Must Craft PTAB Constitutional Fix

Law360 (June 30, 2020, 9:38 PM EDT) -- Arthrex Inc. told the U.S. Supreme Court on Tuesday that the Federal Circuit correctly held that the way Patent Trial and Appeal Board judges are appointed is unconstitutional, but that the court's purported fix didn't correct the problem, so Congress should have to rewrite the law.

The medical device maker said in a cert petition that while the appeals court's October ruling in Arthrex Inc. v. Smith & Nephew Inc. was right that PTAB judges don't have enough supervision under the Constitution's appointments clause, the court tried to solve the problem in a way Congress wouldn't have wanted.

The Federal Circuit...

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