Law Article May Spark Patent Litigation Strategy

Law360, New York (April 25, 2008, 12:00 AM EDT) -- It's not often that a law professor's article leads directly to a litigation strategy, but one such article has raised the notion that a significant number of patent appeals judges may have been unconstitutionally appointed — and some patent attorneys are positioned to take the idea and run with it.

It's difficult to determine just how many patents could be affected if the constitutional flaw identified by Professor John F. Duffy, a law professor at George Washington University Law School, holds up.

But the U.S. Supreme...
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