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In Reuters, IP Litigator Examines How Congressional Legislation Can Fix PTAB’s Appointments Clause

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

Capital Insights.

A Reuters article published on Nov. 29 reports that the U.S. Congress could pass legislation in the coming months to fix a constitutional defect in the structure of the U.S. Patent and Trademark Office’s Patent Trial and Appeal Board identified in a recent appeals court ruling.

IP litigation partner and PTAB chair Scott McKeown (Washington, D.C.) notes there was broad bipartisan support for addressing the court decision by amending the patent laws to give the Director of the PTO a right to review decisions by PTAB judges.

Mr. McKeown notes that a legislative fix can be made by adding a sentence to existing statutes, and he expects that a technical fix will be passed by Congress in 2020.

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