The Big Picture: PTAB's Unconstitutional Judges

Law360 (November 8, 2019, 8:06 PM EST) -- The Federal Circuit has ruled that Patent Trial and Appeal Board judges have insufficient supervision to pass muster under the appointments clause of the U.S. Constitution.

The court therefore made it easier for the judges to be fired, saying that change gives the director of the U.S. Patent and Trademark Office enough control over the board to fix the constitutional flaw. It also set the stage for new PTAB hearings in many cases.  

Here, we look at the ruling, the initial fallout and how the decision may impact other cases.

THE RULING Oct. 31, 2019

Fed. Circ. Rules PTAB Judge Appointments Unconstitutional...

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