US, Smith & Nephew Tell Justices PTAB Is Constitutional

Law360 (January 22, 2021, 10:32 PM EST) -- The federal government and medical device company Smith & Nephew Inc. urged the U.S. Supreme Court on Friday to rule that the way Patent Trial and Appeal Board judges are appointed is constitutional and to reject calls to throw out the entire inter partes review system.

In the final filings before oral arguments set for March 1 in the closely watched case, the government and Smith & Nephew maintained that PTAB judges have ample supervision from the director of the U.S. Patent and Trademark Office. A contrary Federal Circuit decision that the judges don't have proper oversight in violation of the...

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