US Federal Circuit Court of Appeals Holds Appointment of Administrative Patent Judges Unconstitutional

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The Court’s decision potentially subjects PTAB final written decisions on appeal to vacatur and remand.

Key Points:

..Patent Act’s restrictions on removal no longer apply to Patent Trial and Appeal Board’s (PTAB) APJs

..Final written decisions currently on appeal might be vacated and remanded for review by a new PTAB panel

..The decision should not affect pending institution decisions and ongoing PTAB trials.

Please see full publication below for more information.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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