Supreme Court Will Decide If PTAB Judges Are Constitutional

Law360 (October 13, 2020, 9:53 AM EDT) -- The U.S. Supreme Court on Tuesday said it will review the Federal Circuit's explosive decision from Arthrex v. Smith & Nephew that Patent Trial and Appeal Board judges are unconstitutionally appointed. 

The U.S. Supreme Court on Monday agreed to review whether Patent Trial and Appeal Board judges are properly appointed. (AP Photo/Patrick Semansky, File) The justices agreed to review whether PTAB judges are properly appointed, and if not, whether removing employment protections fixed the alleged defect. The justices will not consider a third question asked of the court, which was whether the Federal Circuit should have reviewed the constitutionality question in the first place....

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