Supreme Court Holds Patent Board Exercised Unconstitutional Power In Inter Partes Reviews, But Leaves Many Issues Unresolved

Inter partes reviews (IPRs)—and other post-grant patent review proceedings at the US Patent and Trademark Office—have survived another constitutional challenge. The Supreme Court held that the authority historically exercised by administrative patent judges (APJs) in deciding IPRs is incompatible with their appointment to an inferior office......
By: McCarter & English, LLP

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