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IP Litigator Addresses Federal Circuit Ruling That PTAB Judge Appointments are Unconstitutional

Practices: Intellectual Property, Patent Strategy, Intellectual Property Litigation, Patent Litigation, Administrative Litigation, Litigation, Patent Trial & Appeal Board (PTAB) Proceedings, Appellate & Supreme Court

In Reuters and The National Law Journal, IP litigation partner Scott McKeown (Washington, D.C.) discussed a Federal Circuit decision that Patent Trial and Appeal Board administrative patent judges were unconstitutionally appointed. The Reuters article also appeared in The New York Times.

Mr. McKeown explained that the impact on pending PTAB cases will be limited to proceedings where parties have received decisions under the old, unsevered portion of the statute, but have not filed their appeal briefs. He notes the concern had been that all patent decisions from the board could have been deemed null and void.

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