InterDigital Inc (IDCC)

[olddog967]

Paullee: The decision should have no effect on the PTAB judges.

According to the following comment from a write up on the decision ALJ's can be appointed by the heads of federal agencies. This appointment problem has already been corrected at the USPTO.


"Administrative law judges are officers of the United States within the meaning of the Constitution’s appointments clause, which requires their appointment by the president, courts or the heads of federal agencies, the U.S. Supreme Court has ruled."

http://www.abajournal.com/news/article/supreme_court_overturns_process_that_had_been_used_to_appoint_sec_administr


"According Constitutionality
In 2007, Professor John F. Duffy, a law professor, argued that, since 2000, the process of appointing judges to the BPAI (the PTAB's predecessor court) has been unconstitutional, because the judges were appointed by the Director of the U.S. Patent and Trademark Office rather than by the Secretary of Commerce (a "Head of Department" under the Appointments clause of the Constitution).[5] This problem has since been rectified and current Administrative Patent Judges are appointed by the Secretary of Commerce."

https://en.wikipedia.org/wiki/Patent_Trial_and_Appeal_Board