Talk About An Inferiority Complex: Supreme Court to Decide Constitutionality of PTAB Appointments

The Supreme Court granted certiorari to answer the question of whether PTAB judges are constitutional. Considering whether the appointment of Administrative Patent Judges violates the Appointments Clause of the Constitution, the Federal Circuit determined that PTAB judges were unconstitutionally appointed and severed the limitations on the judges’ removability. As a result, over 100 cases have been remanded to the PTAB for rehearing. The Supreme Court will now determine if PTAB judges were unconstitutionally appointed and, if so, how to cure the violation.… Read More Talk About An Inferiority Complex: Supreme Court to Decide Constitutionality of PTAB Appointments