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Sunday, December 11, 2022 10:28:33 PM
SCOTUS RULES PTAB JUDGES NOT CONSTITUTIONALLY APPOINTED
In United States v. Arthrex, Inc., 594 U.S. ____ (2021), the U.S. Supreme Court held that the administrative patent judges who make up the Patent Trial and Appeal Board (PTAB) were not constitutionally appointed under the Appointments Clause of the U.S. Constitution. To address the constitutional violation, the Court concluded that the Director of the Patent Office may review final PTAB decisions and, upon review, may issue decisions himself on behalf of the Board.
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