US Supreme Court Will Decide Constitutionality of PTAB Judge Appointments

Latham & Watkins LLP

The Court’s decision, expected next summer, is unlikely to affect currently pending PTAB proceedings.

Key Points:

..The Supreme Court will review the Federal Circuit’s decision holding that the appointments of the PTAB’s Judges was unconstitutional and curing the problem by severing the portion of the Patent Act that restricted their removal.

..The Supreme Court’s decision will not likely affect any currently pending or potential PTAB cases, except the 100+ cases remanded and on hold pending the Supreme Court’s decision in this case.

Please see full Alert 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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