Facebook Asks Fed. Circ. To Rethink PTAB Judges Ruling

Law360 (December 3, 2019, 6:23 PM EST) -- Facebook on Monday urged the Federal Circuit to reconsider its ruling that the structure of the Patent Trial and Appeal Board is unconstitutional, saying there are U.S. Supreme Court cases that undercut the core premise of the decision.

The social media giant said a three-judge panel for the Federal Circuit misapprehended Supreme Court precedent when it ruled in late October that the process for appointing PTAB judges violates the Constitution’s appointments clause.

The panel’s ruling, which came in a separate case involving Arthrex, found PTAB judges were being appointed as if they were “inferior officers” but were simultaneously being vested with...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.


  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!

TRY LAW360 FREE FOR SEVEN DAYS