Constitutionality Of The PTAB After Stern V. Marshall

Law360, New York (March 19, 2013, 1:02 PM EDT) -- At first glance, the newly enacted Patent Trial and Appeal Board and the U.S. Supreme Court’s recent pronouncement regarding the constitutionality of the Article I bankruptcy court’s “catch-all” counterclaim provision may appear to have little, if anything, to do with one another. See Stern v. Marshall, 131 S. Ct. 2594 (2011). After all, Stern offered a cast of characters worthy of primetime — Anna Nicole Smith, oil tycoons and estranged blood relations all featured prominently. At the heart of Stern, however, was a stark reminder from...
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