US Supreme Court Will Decide Constitutionality of PTAB Judge Appointments

The Court’s decision, expected next summer, is unlikely to affect currently pending PTAB proceedings. Key Points: ..The Supreme Court will review the Federal Circuit’s decision holding that the appointments of the PTAB’s Judges was unconstitutional and curing the problem by severing the portion of the Patent Act that restricted their removal. ..The Supreme Court’s decision will not likely affect any currently pending or potential PTAB cases, except the 100+ cases remanded and on hold pending...
By: Latham & Watkins LLP

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