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Appellate Rules Constitutional Challenges

Jones Day

The Changing Landscape for Business Disputes in Texas: Justices Named to Inaugural Business Dispute Appellate Court

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On June 11, 2024, Governor Greg Abbott appointed the three inaugural justices for the new Fifteenth Court of Appeals, which will hear appeals from business courts statewide....more

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BREAKING: Federal Circuit Finds PTAB Judges Are Unconstitutional Appointments

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On Thursday, a panel of the Federal Circuit found that PTAB judges have to date been unconstitutional appointments. The panel thinks that it has cured that issue going forward by severing a portion of Title 35 that allows for...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Federal Circuit Finds the Appointment of PTAB Judges Unconstitutional and Provides Remedial Solution

Yesterday, in Arthrex, Inc. v. Smith & Nephew, Inc., a panel of the Federal Circuit unanimously held that the appointment scheme for the Patent Trial and Appeal Board’s (PTAB) Administrative Patent Judges (APJ) is...more

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