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Patent Ruling Dodges Constitutionality Question

Law360 (November 4, 2008, 12:00 AM EST) -- The U.S. Court of Appeals for the Federal Circuit on Monday upheld the rejection of a patent for a health supplement juice despite the juice maker’s contention that two judges who ruled on the patent were appointed unconstitutionally.

DBC LLC, maker of XanGo Juice, appealed to the U.S. Court of Appeals for the Federal Circuit last year after a patent examiner rejected the company’s patent for the juice mixture and the Board of Patent Appeals and Interferences upheld that decision.

The company claimed that the rejection...
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