CV Sciences Inc (CVSI)

[SpaceLady]

Well, let's hope they appeal, as this seemed to have been a myopic hearing.

From Wiki
Appeals
Decisions of the BPAI could be further appealed to the United States Court of Appeals for the Federal Circuit (CAFC) under 35 U.S.C. § 141. The decisions of the CAFC may also be reviewed on a discretionary basis by the United States Supreme Court. The U.S. Supreme Court is the ultimate authority on the judicial standards for patentability.

The United States Congress, however, can change the patent laws and thus override a decision of the Supreme Court.

An alternative path was a civil action against the Director of the United States Patent and Trademark Office in the U.S. District Court for the District of Columbia under 35 U.S.C. § 145. Any appeal arising from such a case would then be directed to the CAFC under 28 U.S.C. § 1295.

Constitutionality
In 2007, Professor John F. Duffy, a widely recognized patent law scholar, argued that, since 2000, the process of appointing judges to the BPAI 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.