Fed. Circ. Hears Challenge To Patent Board Judges

Law360, New York (September 3, 2008, 12:00 AM EDT) -- The Federal Circuit heard claims Wednesday that the appointment of two members of the Board of Patent Appeals and Interferences’ was unconstitutional, in an appeal disputing the board's authority to reject a beverage patent application.

The U.S. Court of Appeals for the Federal Circuit heard oral arguments in the challenge to the patent appeals board’s April 2007 decision not to grant DBC LLC’s application covering a drink made from the mangosteen fruit.

The juice company argued that the Federal Circuit should scrap the ruling because two...
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