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U.S. Supreme Court,
Intellectual Property,
Constitutional Law

Oct. 15, 2020

High court to review legality of patent judge appointments

The high court said it will decide if the administrative judges must be appointed by the president and confirmed by Congress under the appointments clause.

Hundreds of rulings by patent office judges have been thrown into uncertainty after the U.S. Supreme Court agreed to review whether their appointments were illegal.

The case concerns whether administrative judges who sit on the Patent Trial and Appeal Board, which decides whether challenged patents are invalid, are improperly appointed "principal officers."

The U.S. Court of Appeals for the Federal...

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