Replies to post #422238 on InterDigital Inc (IDCC)

[olddog967]

Paulee: While both cases are related to the use of administrative law judges, the issue(s) involved that the Court will rule on are different.

Richard Lucia case:

QUESTION PRESENTED
Whether administrative law judges of the Securities and Exchange Commission are Officers of the United States within the meaning of the Appointments Clause.

Oil States case:

QUESTIONS PRESENTED
1. Whether inter partes review—an adversarial
process used by the Patent and Trademark Office
(PTO) to analyze the validity of existing patents—
violates the Constitution by extinguishing private
property rights through a non-Article III forum without
a jury.

2. Whether the amendment process implemented
by the PTO in inter partes review conflicts with
this Court’s decision in Cuozzo Speed Technologies,
LLC v. Lee, 136 S. Ct. 2131 (2016), and congressional
direction.

3. Whether the “broadest reasonable interpretation”
of patent claims—upheld in Cuozzo for use
in inter partes review—requires the application of
traditional claim construction principles, including
disclaimer by disparagement of prior art and reading
claims in light of the patent’s specification.