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Questions Linger Over Patent Judge Appointments

Law360 (August 12, 2008, 12:00 AM EDT) -- On Tuesday, President Bush signed into law a bill that patches a possible constitutional flaw in the way patent appeals judges have been appointed for the past eight years. But experts are already beginning to debate whether the fix will work as expected.

The likelihood that as many as two-thirds of patent appeals judges have been unconstitutionally appointed was identified by John F. Duffy, a law professor at George Washington University Law School, in an article first published more than a year ago.

That article prompted...
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